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PC 2014/04/07 City of Anaheim Planning Commission Agenda Monday, April 7, 2014 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chair: Victoria Ramirez • Chair Pro-Tempore: Harry Persaud • Commissioners: Peter Agarwal, Paul Bostwick, Mitchell Caldwell Michelle Lieberman, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, April 3, 2014, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 04/07/14 Page 2 of 6 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 04/07/14 Page 3 of 6 Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff, or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations ITEM NO. 1-A CONDITIONAL USE PERMIT NO. 2010-05486C (DEV2009-00083C) Location: 2232 South Harbor Boulevard Request: A request for approval of a minor amendment to a previously-approved conditional use permit to allow a revised floor plan at a previously-approved dinner theater, restaurant, and banquet facility. Environmental Determination: The Planning Commission will consider whether a previously approved Mitigated Negative Declaration is appropriate to serve as the environmental impact determination for this request per the California Environmental Quality Act (CEQA) guidelines. Motion Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 1-B FINAL SITE PLAN NO. 2013-00003 (DEV2013-00023) Location: 640-700 West Katella Avenue Request: A request for approval of a final site plan to construct a 281-room hotel, restaurant and parking structure. Environmental Determination: The Planning Commission will consider if the Final Environmental Impact Report No. 340 is the appropriate environmental document for this project and that none of the conditions set forth in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report or a supplement to Final Environmental Impact Report No. 340 have occurred; specifically. Resolution No. ______ Project Planner: Scott Koehm skoehm@anaheim.net 04/07/14 Page 4 of 6 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2013-05699 VARIANCE NO. 2013-04932 (DEV2013-00051) Location: 1775-1785 West Lincoln Avenue 1783-1785 West Lincoln Avenue Request: To permit an outdoor smoking lounge in conjunction with an existing restaurant with fewer parking spaces than required by Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Continued from the February 24 and March 24, 2014 Planning Commission meetings. Resolution No. ______ Project Planner: David See dsee@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2013-05718 VARIANCE NO. 2013-04956 (DEV2013-00134) Location: 505 North Euclid Street Request: To construct a parking lot with landscape setbacks less than required by code to provide accessory parking spaces for an existing office building. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 11 (Accessory Structures) Categorical Exemption. Resolution No. ______ Project Planner: David See dsee@anaheim.net 04/07/14 Page 5 of 6 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2013-05708 VARIANCE NO. 2014-04962 PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00101 (DEV2013-00118) Location: 1680 West Broadway Request: To permit the expansion of an existing service station convenience market; permit the sales of beer and wine for off-premises consumption; and, to construct a new drive-through car wash with fewer parking spaces than required by Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net Adjourn to Monday, April 21, 2014 at 5:00 p.m. 04/07/14 Page 6 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:45 p.m. April 2, 2014 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Am ericans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 1-A PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: APRIL 7, 2014 SUBJECT: MINOR AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05486 (CONDITIONAL USE PERMIT NO. 2010-05486C) LOCATION: 2232 South Harbor Boulevard (formerly Battle of the Dance) APPLICANT/PROPERTY OWNER: The applicant is Musa Madain, representing 3M Live Bar and Grill. The property owner is P.A. Poon & Son, Inc. PROJECT DESCRIPTION: The applicant is requesting approval of a minor amendment to a previously-approved conditional use permit to revise the floor plan for a previously-approved dinner theater, restaurant, and banquet facility to accommodate a full-service restaurant and dinner theater. RECOMMENDATION: Staff recommends the Planning Commission, by motion, approve a minor amendment to Conditional Use Permit No. 2010-05486C and determine the previously approved Mitigated Negative Declaration is the appropriate environmental documentation for this request. BACKGROUND: In July 2010, the conditional use permit was approved to permit a 43,500 square foot dinner theater venue known as Battle of the Dance. In May 2012, the conditional use permit was amended to allow entertainment and community assembly uses in conjunction with the dinner theatre, including private parties, meetings and banquets; religious assembly; and, sporting and convention events. The business subsequently closed in late 2012 and the building has remained vacant since that time. Prior to the closure of the business, staff had received multiple complaints regarding the manner in which the venue was being operated. This was largely due to the fact that the former business operator allowed night club and concert promoters to use the venue in violation of the conditional use permit, resulting in negative impacts to the surrounding community. Complaints were generally related to loud music emanating from the building and disruptive customers loitering in the parking lot. In response to these complaints, several operational conditions of approval were included in the resolution adopted in conjunction with the 2012 amendment; however, because the amended permit was never exercised, these conditions have yet to be implemented but will be prior to commencement of the new business. The 2012 resolution is included as Attachment No. 3 to this staff report. Significant operational conditions that must be implemented prior to commencement of the new business are summarized in the “Analysis” section, below. The new business operator is aware of these existing conditions of approval and has indicated his intent to comply with these requirements in order to ensure that the proposed business operates in a manner that is compatible with surrounding uses. MINOR AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05486 April 7, 2014 Page 2 of 2 PROPOSAL: The applicant proposes a minor modification to plans to allow the business to re- open as a full-service restaurant and dinner theater. The dinner theater portion of the business would involve a mariachi-themed live show on Friday and Saturday nights with two nightly shows. From Sunday through Thursday the business would operate as a restaurant/sports bar. The business owner will also continue to offer banquet facilities. Consistent with existing conditions of approval, the new business owner proposes to operate Sunday through Thursday from 11:00 a.m. to 10:00 p.m. and Friday and Saturday from 11:00 a.m. to 11:30 p.m. There would be no nightclub or public dance-type activities allowed. The modifications to the floor plan include new seating areas, private party areas, service areas for wait staff within the restaurant, and an enclosed banquet room with stage for events such as wedding receptions and birthday parties. There are no modifications to the live performance theater area proposed as part of this request. ANALYSIS: Prior to commencement of the business, and in compliance with existing conditions of approval, the applicant proposes to implement the following physical and operational improvements: • Relocate the existing trash enclosure from its current location in the southern parking lot area to the north parking lot area away from adjacent residences; • Install sound-attenuating materials on south-facing doors; • Minimize glare on adjacent residential properties by installing shields on the parking lot light standards; • Prepare and implement a security plan, to be reviewed and approved by the Police Department, to deter unlawful conduct and to ensure the safe assembly and movement of persons and vehicles; The business owner is also required to return to the Planning Commission for a public hearing six months from the commencement of the business in order to ensure on-going compliance with the conditional use permit. CONCLUSION: Staff recommends approval of the minor amendment to the conditional use permit because the proposed modifications to the floor plan are in substantial conformance with previously- approved plans, and the applicant has agreed to implement prior conditions of approval intended to minimize negative impacts to nearby residents. The proposed project would transform an existing vacant venue into an active restaurant, dinner theater and banquet facility. This proposed use is consistent with goals of the property’s Commercial Recreation General Plan designation which is intended to encourage tourist and entertainment-related land uses within The Anaheim Resort area. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Letter of Request 3. Resolution No. PC2012-033 The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 4. Site and Floor Plan 5. Site Photos SP 92-2 (MU)DA1THEATER SP 92-2DA1PARKING LOT RM-3CONDOMINIUMS106 DU SP 92-2DA1RESTAURANT RM-4CARIBBEAN COVE APARTMENTS240 DU RS-2SINGLEFAMILYRESIDENCE RM-3CONDOMINIUMS64 DU SP 92-2DA1COMFORT INNMAINGATE SP 92-2DA1RENT FO R LESS SP 92-2DA1ANAHEIM OVERNITETRAILER PA RK RM-2CONDOMINIUMS95 DU RM-2SMOKETREETOWNHOMES123 DU SP 92-2DA1AUTO REPAIRSERVICE RS-2SINGLEFAMILYRESIDENCE SP 92-2DA1MEDICAL OFFICE SP 92-2DA1JACK IN THE BOXRESTAURANT SP 92-2DA1QUALITY INNMAINGATE SP 92-2DA1OFFICES RM-2CONDOMINIUMS95 DU SP 92-2DA1RETAIL RM-4HARBOR CLIFFAPARTMENTS130 UNITS SP 92-2DA1HACIENDA INN& SUITES SP 92-2DA1RETAIL RM-2CONDOMINIUMS95 DUS HARBOR BLVDW WIL KEN WAY S WI L L OWB R OOK L NS MADRID STS MALLUL DRS S MI R A CT S CUTTY WAY W SUMMERFIELD CIRW. KATELLA AVE S. WEST STS. NINTH STW.ORANGEWOOD AVE S. HASTER STE. KATELLA AVE E. CHAPMAN AVE E. GENE AUTRY WAY S.LEWISST223 2 S o u th H a r b or B o ul ev a r d D E V No . 2 00 9 -0 0 08 3 C Subject Property APN: 23 3-051-08 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l P hoto :Ma y 2012 S HARBOR BLVDW WIL KEN WAY S WI L L OWB R OOK L NS MADRID STS MALLUL DRS S MI R A CT S CUTTY WAY W SUMMERFIELD CIRW. KATELLA AVE S. WEST STS. NINTH STW.ORANGEWOOD AVE S. HASTER STE. KATELLA AVE E. CHAPMAN AVE E. GENE AUTRY WAY S.LEWISST223 2 S o u th H a r b or B o ul ev a r d D E V No . 2 00 9 -0 0 08 3 C Subject Property APN: 23 3-051-08 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l P hoto :Ma y 2013 ATTACHMENT NO. 3 ATTACHMENT NO. 4 1EXITEXITEXITEXITEXITEXITEXITEXITEXIT EXITEXITEXIT EXITEXIT EXITEXIT 11INDESENG INC.('$#5016'&/<.FLOOR PLANA2Ä1/<.CUP# ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 1-B PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: APRIL 7, 2014 SUBJECT: FINAL SITE PLAN NO. 2013-00003 LOCATION: 640-700 West Katella Avenue (Former Jolly Roger Hotel) APPLICANT/PROPERTY OWNER: The applicant and property owner is MTB, LLC and the agents are Greg LeBon and Rashik Patel of T2 Development. REQUEST: The applicant requests approval of a Final Site Plan to construct a 281- room hotel, including a restaurant and parking structure. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that the previously-certified Anaheim Resort Specific Plan Master Environmental Impact Report No. 313 and Final Supplemental Environmental Impact Report No. 340 serve as the appropriate environmental documentation for this request, and approving Final Site Plan No. 2013-00003. BACKGROUND: This 2.35-acre project site is developed with the Jolly Roger Hotel. The site is located within the Anaheim Resort Specific Plan (SP92-2) zone and the property is designated for Commercial Recreation land uses by the General Plan. Surrounding land uses include the Anaheim Convention Center to the west, and hotels to the south, east and north across Katella Avenue. PROPOSAL: The applicant proposes to construct a nine story, 281-room Marriott Residence Inn. The project will include a six-level parking structure with one underground level, a meeting room, guest dining area, fitness center, lounge, offices, and an integrated 7,525 square foot restaurant facing Katella Avenue that would be open to the public. A private water park with slides, children’s water play equipment, pool, spa, and lounge deck is proposed on top of the parking structure adjacent to the hotel building. The hotel includes a mix of standard hotel rooms and suites. The project requires 406 parking spaces for the hotel and restaurant combined. A total of 406 spaces will be provided. ANALYSIS: Development within the Anaheim Resort Specific Plan is implemented through the review and approval of Final Site Plans prior to the issuance of building permits. The purpose of Final Site Plan reviews for hotel projects is to ensure that the proposed design is appropriate for the site, compatible with surrounding land uses and in compliance with specific plan requirements. FINAL SITE PLAN NO. 2013-00003 April 7, 2014 Page 2 of 2 The applicant submitted colored elevation plans that show a ground floor with stone elements with gray and blue accent colors. Upper floors consist of projecting, plaster covered walls with grey and earth tone colors, including a variety of window accents. The parking structure includes the same color scheme with “greenwalls” planted with vines to soften the elevations. The Anaheim Resort Specific Plan and Zoning Code require that specific findings be made prior to approval of a final plan. The complete findings are included in the attached draft resolution. Staff has reviewed the plans submitted for the proposed project and has found them to be in conformance with all provisions of the Anaheim Resort Specific Plan. The proposed hotel is compatible with the character of the surrounding hotels and development located within the Anaheim Resort Specific Plan; there will be a visual continuity between the project and the adjacent Anaheim Convention Center and hotels; the hotel will contribute to a high quality, visually appealing pedestrian-oriented environment; and pedestrian scale landscaping will be provided to reinforce the area’s resort identity. CONCLUSION: The proposed development is consistent with the goals and policies of the Anaheim Resort Specific Plan as it represents a significant positive community investment that will enhance the visitor experience to the area . Staff recommends approval of this request. Prepared by, Submitted by, Scott Koehm Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Project Summary 3. Draft Resolution The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 4. Plans 5. Photos SP 92-2DA1IHOP SP 92-1DA17-11MARKET SP 92-2DA1MORTON'SSTEAKHOUSE SP 92-2DA1ANAHEIMRESORTRETAILCENTER SP 92-2DA1VACANT SP 92-2DA1RED LION HOTEL SP 92-2DA2PARKING ST RUCTURE SP 92-2DA2HILTON ANAHEIM SP 92-2DA1PORTOFINO INN & SUITES SP 92-2DA1VACANT SP 92-2DA1VACANT SP 92-1DA1CANDY CANE INN SP 92-1DA1ANAHEIM DESERT PALMS HOTEL SP 92-1DA1CALIFORNIA ADVENTURE SP 92-2DA1JOLLY ROG ER HOTEL SP 92-2DA1SHERATON PARKHOTEL W KATELLA AVE S HARBOR BLVDS HOTEL WAYW. KATELLA AVE S. HARBOR BLVDS. LEWIS STW. ORANGEWOOD AVES. NINTH STS. HASTER STS. WALNUT STS. ANAHEIM BLVDE. KATELLA AVE S. CLEMENTINE STS.LEWISST640 -7 0 0 We s t K at ell a Av e n u e D E V No . 2 01 3 -0 0 02 3 Subject Property APN: 13 7-161-13 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l P hoto :Ma y 2012 W KATELLA AVE S HARBOR BLVDS HOTEL WAYW. KATELLA AVE S. HARBOR BLVDS. LEWIS STW. ORANGEWOOD AVES. NINTH STS. HASTER STS. WALNUT STS. ANAHEIM BLVDE. KATELLA AVE S. CLEMENTINE STS.LEWISST640 -7 0 0 We s t K at ell a Av e n u e D E V No . 2 01 3 -0 0 02 3 Subject Property APN: 13 7-161-13 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l P hoto :Ma y 2013 ATTACHMENT NO. 2 PROJECT SUMMARY FINAL SITE PLAN NO. 2013-00003 Development Standard Anaheim Resort Specific Plan Standards Proposed Project Site Area No minimum required 2.35 acres Parking Hotel - 231 spaces Restaurant – 61 spaces Total - 292 spaces 406 (including 114 spaces under Covenant Agreement for use by adjacent hotels: Portofino and Springhill Suites) Landscape and Building Setbacks Katella Avenue Building – 11 feet Landscape – 11 feet Hotel Way Building – 10 feet Landscape – 10 feet Interior property lines Building – 10 feet Landscape – 10 feet Katella Avenue Building – 11 feet Landscape – 11 feet Hotel Way Building – 10 feet Landscape – 10 feet Interior property lines Building – 10 feet Landscape – 10 feet Height 88-103 feet 85-97 feet Density 294 rooms 281 rooms 13 room equivalent for restaurant Total density equivalent = 294 rooms [DRAFT] ATTACHMENT NO. 3 -1- PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT THE PREVIOUSLY-CERTIFIED MASTER ENVIRONMENTAL IMPACT REPORT NO. 313 AND FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 2008-00340 SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING MITIGATION MONITORING PROGRAM NO. 85C AND FINAL SITE PLAN NO. 2013-00003 AND AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00023) (640-700 WEST KATELLA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified Petition for Final Site Plan No. 2013-00003 to construct a 281-room hotel with a 7,525 square foot restaurant and a six-level parking structure (herein referred to as the "Proposed Project") for certain real property located at 640-700 West Katella Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 2.35 acres, is developed with a hotel. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaries of Anaheim Resort Specific Plan No. 92-2 (SP 92- 2). As such, the Property is located in the Anaheim Resort Specific Plan Zone and is subject to the zoning and development standards described in Chapter 18.116 of the Anaheim Municipal Code (the "Code"); and WHEREAS, pursuant to Section 18.116.040 (Methods and Procedures for Specific Plan Implementation) of the Code, related to the requirements for Final Site Plan review and approval for Anaheim Resort Specific Plan No. 92-2, the Planning Commission reviewed proposed Final Site Plan No. 2013-00003 as a Report and Recommendation item at a regular meeting of its members held at the regular meeting place thereof on April 7, 2014 at 5:00 p.m.; and WHEREAS, on September 20, 1994, the City Council adopted the Anaheim Resort Specific Plan to provide a long-range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape program, and a public facilities plan, intended to maximize the area’s potential, guide future development, and ensure a balance between growth and infrastructure. The Anaheim Resort Specific Plan permits the development of hotel, convention, retail, and other visitor-serving uses as well as the infrastructure improvements that are needed to support future development; and WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan, the City Council certified Master Environmental Impact Report (“MEIR No. 313”); and 2 PC2014-*** WHEREAS, by Resolution No. 2012-158, the City Council certified Final Supplemental Environmental Impact Report No. 2008-00340 ("Final EIR No. 340") for (a) Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010-00060), (b) an amendment to the Anaheim General Plan (General Plan Amendment No. 2010-00482), (c) Zoning Code Amendment No. 2010-00093, (d) Amendment to Ordinance No. 5454 (Miscellaneous Case No. 2010-00484), (e) Amendment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case No. 2010-00478), (f) Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010-00479), and (g) a Water Supply Assessment (Miscellaneous Case No. 2010-00421), which entitlements permitted the maximum build-out of the Anaheim Resort Specific Plan to increase by up to 406,359 square feet of convention center space; 180,000 square feet of commercial development; 900 hotel rooms; and, 40,000 square feet of hotel meeting/ballroom space; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that Final EIR No. 340 will serve as the appropriate environmental documentation in connection with the Proposed Project and that none of the conditions set forth in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report or a supplement to Final EIR No. 340 have occurred; specifically: a. There have not been any substantial changes in the project analyzed in Final EIR No. 340 that require major revisions of Final EIR No. 340 because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b. There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of Final EIR No. 340 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and c. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time Final EIR No. 340 was certified as complete was adopted, that shows any of the following: (a) the Proposed Project will have one or more significant effects not discussed in Final EIR No. 340; (b) significant effects previously examined will be substantially more severe than shown in Final EIR No. 340; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Proposed Project, but the project proponents decline to adopt the mitigation measures or alternatives; or (d) mitigation measures or alternatives which are considerably different from those analyzed in Final EIR No. 340 would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternatives. 3 PC2014-*** WHEREAS, the Planning Commission has reviewed and considered Mitigation Monitoring and Reporting Program No. 85C ("MMP") prepared for Final EIR No. 340, applicable mitigation measures for the Proposed Project having been included in Exhibit B, and, in accordance with the requirements of CEQA, finds and determines that, with the imposition of identified mitigation measures, the Proposed Project will not result in any new significant impacts to the environment and there is no substantial evidence that the Proposed Project will have a significant effect on the environment; and WHEREAS, the Planning Commission does find and determine that the request for a Final Site Plan should be approved for the following reasons: 1. Subject to compliance with the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference, the Final Site Plan, including its design and layout, complies with the Anaheim Resort Specific Plan No. SP92-2 and is consistent with the zoning and development standards of said Specific Plan, as described in Chapter 18.116 of the Code. 2. The design and layout of the Proposed Project will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. 3. The architectural design of the Proposed Project is compatible with the character of the surrounding hotels and development located within the land area of the Anaheim Resort Specific Plan. 4. The design of the Proposed Project will provide a desirable environment for its occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture and color, and will remain aesthetically appealing and be appropriately maintained. 5. The Proposed Project will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity of the Proposed Project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Final Site Plan No. 2013-00003 contingent upon and subject to the conditions of approval and mitigation measures, which are described in Exhibit B, and attached hereto and incorporated herein by this reference. Said conditions and mitigation measures are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 4 PC2014-*** BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement.THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 7, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 7, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of April, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 6 PC2014-*** - 6 - PC2014-*** EXHIBIT “B” FINAL SITE PLAN NO. 2013-00003 (DEV2013-00023) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF GRADING PERMITS 1 Prior to issuance of a grading permit, the water quality management plan shall address the following items: • The WQMP shall include additional information such as soils analysis, prior contamination, depth to groundwater, etc. to determine the acceptability and capability of this site to use infiltration. • The applicant shall obtain approval for infiltration from the City and from the Orange County Water District. The City will coordinate the review of this proposed infiltration system to obtain comments. • The WQMP and grading plans shall show that flows are conveyed to the infiltration trench below the permeable pavers. • The design storm needs to be captured in the infiltration area. Clarify how the storm drain system will be used to route flows to the infiltration area. • The WQMP shall show the required pretreatment for any focused infiltration. The pretreatment system may be landscape swales, filter strips or bio-retention areas (rain gardens), prior to reaching the infiltration system. • Ensure that all flows from the property are captured and treated. If flows from the adjacent properties are co-mingled with water on this site, then the total flow must be treated and accommodated in the design of the infiltration system. This project includes roadway widening and related improvements, which will also need to treat the footprint of that portion of the project by treating the design storm that will fall on that footprint. The treatment must be based on Green Streets Guidelines and must obtain approval of the City’s Operations Division and/or Resort Services. Public Works, Development Services 2 Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance of demolition permit (for Demolition Plan), the property owner/developer shall submit Demolition and Import/Export plans. The plans shall include identification of offsite locations for materials export from the project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner/developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. Planning and Building - 7 - PC2014-*** 3 Prior to the issuance of a demolition permit, grading permit, or building permit, whichever occurs first, a survey for active raptor nests shall be conducted by a qualified Biologist and submitted to the Planning and Building Department 30 days prior to commencement of any demolition or construction activities during the raptor nesting season (February 1 to June 30) and within 500 feet of a fan palm, juniper, or canary island pine. Should an active nest be identified, restrictions defined by a qualified Biologist will be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active, as determined by a qualified Biologist. These restrictions may include a 300- to 500-foot buffer zone designated around a nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, construction can proceed within the buffer zone. Planning and Building 4 Prior to the issuance of a demolition permit, grading permit, or building permit, whichever occurs first, a letter detailing the proposed schedule for vegetation removal activities shall be submitted to the Planning and Building Department, verifying that removal shall take place between August 1 and February 28 to avoid the bird nesting season. This would ensure that no active nests would be disturbed. If this is not feasible, then a qualified Biologist shall inspect any trees which would be impacted prior to demolition, grading or construction activities to ensure no nesting birds are present. If a nest is present, then appropriate minimization measures shall be developed by the Biologist. Planning and Building 5 Prior to issuance of each grading permit, the property owner/developer shall submit a letter identifying the certified archaeologist that has been hired to ensure that the following actions are implemented: a. The archaeologist must be present at the pre-grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. Planning and Public Works Departments 6 Prior to issuance of each grading permit, the property owner/developer shall submit a letter identifying the certified paleontologist that has been hired to ensure that the following actions are implemented: Planning and Public Works - 8 - PC2014-*** a. The paleontologist must be present at the pre-grading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. Departments 7 Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance of demolition permit (for Demolition Plan), the property owner/developer shall submit Demolition and Import/Export plans. The plans shall include identification of offsite locations for materials export from the project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner/developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. Planning and Building 8 Prior to issuance of building or grading permits, the property owner/developer shall submit to the Planning and Public Works Departments, geologic and geotechnical investigations in areas of potential seismic or geologic hazards and provide a note on plans that all grading operations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. Planning and Public Works Departments 9 Prior to issuance of the first grading or demolition permit, whichever occurs first, in areas of former service stations, in areas known or thought to have been previously occupied by USTs, and in areas where tank removal has not been verified prior to excavation or grading the property owner/developer shall retain the services of a qualified environmental professional to conduct an investigation for known, or the presence of, cryptic tanks, using geophysical methods. Soil sampling or a soil organic vapor survey may be required if soil sampling results are not available, or indicate contamination is present above regulatory guidelines. If warranted, subsurface investigation and sampling shall be undertaken in these areas, and appropriate remediation measures developed, if necessary, before demolition, excavation, or grading takes place in these areas. Fire Department 10 Prior to issuance of the first grading or demolition permit, whichever occurs first, the property owner/developer shall submit a plan for review and approval by the Fire Department which details procedures that will be taken Fire Department - 9 - PC2014-*** if previously unknown USTs, or other unknown hazardous material or waste, is discovered onsite. 11 Prior to issuance of each grading permit, the property owner/developer shall submit an emergency fire access plan to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department service requirements. Fire Department 12 Prior to the issuance of grading permits, the property owner/developer shall provide to the City of Anaheim Public Works Department a plan to coordinate rideshare services for construction employees with the Anaheim Transportation Network (ATN) for review and approval and shall implement ATN recommendations to the extent feasible. Public Works Traffic Engineering 13 Prior to the issuance of the first building permit or grading permit, whichever occurs first, the property owner/developer shall comply with Rule 15E of the Public Utilities Department Water Rates, Rules, and Regulations. Rule 15E shall be amended to include: Construction of a new well with a minimum 1,500 GPM capacity to serve The Anaheim Resort Area (tentative location near Ponderosa Park and Orangewood Avenue); and Construction of a new 16-inch water main along Harbor Boulevard from Orangewood to Chapman Avenue. Public Utilities 14 Prior to issuance of the first grading or building permit, whichever occurs first, the property owner/developer shall submit a Master Drainage and Runoff Management Plan (MDRMP) for review and approval by the Public Works Department, Development Services Division. The Master Plan shall include, but not be limited to, the following items: a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100-year storm; and, b. A delineation of the improvements to be implemented for control of project-generated drainage and runoff. Public Works, Development Services 15 Prior to issuance of a grading permit for sites that disturb more than one (1) acre of soil, the property owner/developer shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the Public Works Department, Development Services Division. Public Works, Development Services PRIOR TO ISSUANCE OF BUILDING PERMITS 16 Prior to the recordation of a subdivision map or issuance of the first building permit, whichever occurs first, in the event that a parcel is subdivided and there is a need for common on-site circulation and/or parking, prior to recordation of a subdivision map, an unsubordinated covenant providing for reciprocal access and/or parking, as appropriate, approved by the Planning Director or Planning Services Manager, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Planning Division of the Planning and Department. If the reciprocal access is across parcel lines or if public rights of way are required for reciprocal access; Public Works approval shall be required. Planning and Building - 10 - PC2014-*** 17 Prior to approval of building plans, the property owner/developer shall provide written evidence to the satisfaction of the Fire Department that all lockable pedestrian and/or vehicular access gates shall be equipped with “knox box” devices as required and approved by the Fire Department. Fire 18 Prior to the approval of the final subdivision map or issuance of building permits, whichever occurs first, the property owner/developer shall pay the identified fair-share responsibility as determined by the City as set forth in MM 5.14-15. The City shall allocate the property owner/developer’s fair- share contribution to traffic mitigation programs that result in improved traffic flow on the impacted mainline and ramp locations, via an agreement mutually acceptable to Caltrans and the City. Public Works Traffic Engineering 19 Plans shall specifically indicate that all vehicular ramps and grades conform to all applicable Engineering Standard Details to the satisfaction of the City Traffic and Transportation Manager. Public Works, Traffic Engineering 20 Prior to issuance of the a building permit for the parking structure, plans shall demonstrate that at-grade ducts and overhead pipes shall not encroach in the parking space areas or required vehicle clearance areas. Public Works, Traffic Engineering 21 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works, Traffic Engineering 22 The developer shall submit street improvement plans to the Public Works Department, Development Services Division to improve Harbor Boulevard per The Anaheim Resort standards, including planting and irrigation in the public parkway. The parkway landscaping strips, eight feet behind curb and eight feet behind sidewalk, shall be constructed with the irrigation connected to the City system, and maintained by City Resort Services Division. Also, the plans shall include construction of public sidewalk 8 foot wide along Hotel Way property frontage. Public Works, Development Services 23 The developer shall post a security to guarantee the construction of public works improvements in an amount approved by the City Engineer and in a form approved by the City Attorney. The improvements shall be constructed prior to final building and zoning inspections. Public Works, Development Services 24 The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 83 feet in width measured from the street centerline to accommodate for additional 8 foot wide landscape and irrigation improvements, as required per the Anaheim Resort Specific Plan. Also, the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for sidewalk purposes along Hotel Way. Public Works, Development Services 25 For any proposed site improvements that affect or encroach over existing city easements, the developer shall submit a request for easement abandonment to Public Works and Public Utilities Departments. Public Works, Real Property Services 26 All plumbing or other similar pipes and fixtures located on the exterior of the building shall be shown on plans as fully screened from view of adjacent public rights-of-way and from adjacent properties by architectural devices Planning and Building - 11 - PC2014-*** and/or appropriate building materials. A note indicating that these improvements will be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. 27 Unless records indicate previous payment, a fee for street tree purposes shall be paid or cause to be paid to the City of Anaheim based on the length of street frontage in an amount as established by City Council resolution or credit against the fee given for City authorized improvements installed by the property owner/developer. Planning and Building 28 All air conditioning facilities and other roof and ground-mounted equipment shall be shown on plans as shielded from public view and the sound buffered to comply with City of Anaheim noise ordinances from any adjacent residential or transient-occupied properties. A note indicating that these improvements shall be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. Planning and Building 29 The property owner/developer shall submit evidence that low emission paints and coatings are utilized in the design and construction of buildings, in compliance with SCAQMD regulations. The information shall be denoted on the project plans and specifications. The property owner/developer shall submit an architectural coating schedule and calculations demonstrating that VOC emissions from architectural coating operations would not exceed 75 pounds per day averaged over biweekly periods. The calculations shall show, for each coating, the surface area to be coated, gallons (or liters) of coating per unit surface area, and VOC content per gallon (or liter). The property owner/developer shall also implement the following to limit emissions from architectural coatings and asphalt usage: a. Use non-solvent-based coatings on buildings, wherever appropriate; b. Use solvent-based coatings, where they are necessary. Planning and Building 30 Prior to the issuance of each building permit, the property owner/developer shall implement, and demonstrate to the City, measures that are being taken to reduce operation-related air quality impacts. These measures may include, but are not limited to the following: a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. d. Use drought-resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. Planning and Building - 12 - PC2014-*** 31 The property owner/developer shall comply with all SCAQMD offset regulations and implementation of Best Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary source. Copies of permits shall be given to the Planning and Building Department. Planning and Building 32 The property owner/developer shall implement, and demonstrate to the City, measures that are being taken to reduce operation-related air quality impacts. These measures may include, but are not limited to the following: a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. d. Use drought-resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center. f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. Planning and Building 33 Prior to issuance of each building permit, the property owner/developer shall provide proof of compliance with Government Code Section 53080 (Schools). Planning and Building 34 The property owner/developer shall submit to the Planning and Building Department, Building Services Division for review and approval, detailed foundation design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. Planning and Building 35 Prior to issuance of each foundation permit, the property owner/developer shall submit a report prepared by a geotechnical engineer to the Planning and Building Department, Building Services Division for review and approval, which shall investigate the subject foundation excavations to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. Planning, Building, and Public Works 36 The property owner/developer shall submit plans to the Planning Department, Building Services Division for review and approval showing that the proposed structure has been analyzed for earthquake loading and designed according to the most recent seismic standards in the California Building Code adopted by the City of Anaheim. Planning, Building and Public Works 37 Prior to issuance of the first building permit, the property owner/developer shall enter into an agreement recorded against the property with the City of Anaheim to pay or cause to be paid their fair share of the funding to accommodate the following, which will serve the Anaheim Resort Specific Plan area: a. One additional fire truck company. b. One additional paramedic company. Fire Department - 13 - PC2014-*** c. Modifications to existing fire stations to accommodate the additional fire units, additional manpower, equipment and facilities. d. A vehicle equipped with specialty tools and equipment to enable the Fire Department to provide heavy search and rescue response capability. e. A medical triage vehicle/trailer, equipped with sufficient trauma dressings, medical supplies, stretchers, etc., to handle 1,000 injured persons, and an appropriate storage facility. The determination of the allocable share of costs attributable to the property owner/developer shall be based on an apportionment of the costs of such equipment/facilities among property owners/developers in the Hotel Circle Specific Plan Area, the Disneyland Resort Specific Plan Area and the Anaheim Resort Specific Plan Area or the otherwise defined service area, as applicable, depending on the area served. Note: To implement this mitigation measure, the City has adopted the Fire Protection Facilities and Paramedic Services Impact Fee Program. Compliance with this Program by the property owner/developer (per Ordinance No. 5496 and Resolution No. 95R-73 dated May 16, 1995) shall satisfy the requirements of this Mitigation Measure, or the City may enter into alternative financing arrangements. 38 The property owner/developer shall provide written evidence that all storm drain, sewer, and street improvement plans shall be designed and constructed to the satisfaction of the City Engineer. Public Works Department 39 A note shall be provided on building plans indicating that during construction, the property owner/developer shall install and maintain specially designed construction barriers at the project perimeter areas. The construction sound barriers shall be a minimum height of 8 feet with a minimum surface weight of 1.25 pounds per square foot or a minimum Sound Transmission Class (STC) rating of 25. The structure shall be a continuous barrier. Gates and other entry doors shall be constructed with suitable mullions, astragals, seals, or other design techniques to minimize sound leakage when in the closed position. Access doors should be self- closing where feasible. Vision ports are permissible providing they are filled with an acceptable solid vision product. Planning and Building 40 The property owner/developer shall present plans and calculations to the Planning and Building Department, Building Division to demonstrate that noise levels from planned mechanical ventilation equipment, loading docks, trash compactors, and other proposed on-site noise sources are designed to meet the City’s 60 dBA Sound Pressure Levels standard at the property line, and not create a noise increase greater than 5 dBA over existing ambient noise at the nearest noise sensitive receptor, whichever is more restrictive. Planning and Building 41 Prior to issuance of each building permit, the property owner/developer shall present plans and calculations to the Planning Department, Building Division to demonstrate that noise levels would be less than 65 dBA CNEL for outdoor use areas (including dining patios, pools, playgrounds, or outdoor gathering areas). This requirement can be accomplished through shielding areas behind buildings or the construction of a noise barrier. Planning and Building - 14 - PC2014-*** 42 Prior to issuance of each building permit, for structures that are adjacent to noise-sensitive areas such as residences, the property owner/developer shall ensure that all mechanical ventilation units are shown on plans and installed in compliance with Sound Pressure Level Ordinance. Planning and Building 43 Prior to issuance of each building permit if pile driving and blasting is anticipated during construction, a noise and vibration analysis must be prepared and submitted to the Planning and Building Department, Building Division, to assess and mitigate potential noise and vibration impacts related to these activities. Planning and Building 44 Prior to the approval of each Final Site Plan and issuance of each building permit, the property owner/developer shall submit plans to the Police Department for review and approval for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design (e.g., building design, circulation, site planning, and lighting of parking structures and parking areas). Police Department 45 The project design shall include parking lots and parking structures with controlled access points to limit ingress and egress if determined to be necessary by the Police Department, and shall be subject to the review and approval of the Police Department. Police Department 46 Prior to commencement of structural framing on each parcel or lot, on-site fire hydrants shall be installed and charged by the property owner/developer as required and approved by the Fire Department. Fire Department 47 Prior to the issuance of each building permit for a parking structure, the property owner/developer shall submit plans to the Police Department for review and approval indicating the provision of closed circuit television monitoring and recording or other substitute security measures as may be approved by the Police Department. Said measures shall be implemented prior to final building and zoning inspections. Police 48 Prior to issuance of each building permit, to be implemented prior to the final building and zoning inspection, plans shall indicate that all buildings, exclusive of parking structures, shall have sprinklers installed by the property owner/developer in accordance with the Anaheim Municipal Code. Said sprinklers shall be installed prior to each final building and zoning inspection. Fire Department 49 Plans shall be submitted to ensure that development is in accordance with the City of Anaheim Fire Department Standards, including: a. Overhead clearance shall not be less than 14 feet for the full width of access roads. b. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 75,000 pounds. c. All underground tunnels shall have sprinklers. Water supplies are required at all entrances. Standpipes shall also be provided when determined to be necessary by the Fire Department. d. Adequate off-site public fire hydrants contiguous to the Specific Plan Fire Department - 15 - PC2014-*** area and onsite private fire hydrants shall be provided by the property owner/developer. The precise number, types, and locations of the hydrants shall be determined during building permit review. Hydrants are to be a maximum of 400 feet apart. e. A minimum residual water pressure of 20 psi shall remain in the water system. Flow rates for public parking facilities shall be set at 1,000 to 1,500 gpm. 50 The property owner/developer shall submit a Construction Fire Protection Plan to the Fire Department for review and approval detailing accessibility of emergency fire equipment, fire hydrant location, and any other construction features required by the Fire Marshal. The property owner/developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. Fire Department 51 Plans shall be reviewed and approved by the Fire Department as being in conformance with the Uniform Fire Code. Fire Department 52 Prior to approval of water improvement plans, the water supply system shall be designed by the property owner/developer to provide sufficient fire flow pressure and storage for the proposed land use and fire protection services in accordance with Fire Department requirements. Fire Department 53 The property owner/developer shall comply with the Anaheim Municipal Code, Section 17.08.385, Public Library Facilities Services Areas – Payment of Fees Required. Planning and Building 54 The property owner/developer shall pay the appropriate Transportation Impact and Improvement Fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City-authorized improvements provided by the property owner/developer. The property owner shall also participate in all applicable reimbursement or benefit districts, which have been established. Public Works Traffic Engineering 55 The property owner/developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s)-of-way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan. Public Works Department 56 Plans shall show that all driveways shall be constructed with a minimum fifteen (15) foot radius curb returns as required by the City Engineer, unless otherwise approved by the City Engineer. Public Works Department 57 Prior to issuance of the first building permit for each building, the property owner/developer shall pay the appropriate Traffic Signal Assessment Fees and Transportation Impact and Improvement Fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City-authorized improvements provided by the property owner/developer. The property owner shall also participate in all applicable reimbursement or benefit districts, which have been established. Public Works Traffic Engineering - 16 - PC2014-*** 58 Based upon the improvement phasing analysis in the project traffic study, the property owner/developer shall implement traffic improvements as identified in the project traffic study to maintain satisfactory levels of service as defined by the City’s General Plan, based on thresholds of significance, performance standards, and methodologies established by the Orange County Congestion Management Program and the City of Anaheim Traffic Study Guidelines. The improvement phasing analyses will specify the timing, funding, construction, and fair-share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. The property owner/developer shall construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager, unless alternative funding sources have been identified. Public Works Traffic Engineering 59 Prior to issuance of each building permit (to be implemented prior to final building and zoning inspections, and continuing on an on-going basis during project operation), the property owner/ developer shall submit to the Public Utilities Department plans for review and approval which shall ensure that water conservation measures are incorporated. The water conservation measures to be shown on the plans and implemented by the property owner/developer, to the extent applicable include, but are not limited to, the following: a. Use of low-flow sprinkler heads in irrigation systems. b. Use of waterway recirculation systems. c. Low-flow fittings, fixtures, and equipment, including low flush toilets and urinals. d. Use of self-closing valves on drinking valves. e. Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. f. Use of low-flow shower heads in hotels. g. Water efficient ice-machines, dishwashers, clothes washers and other water-using appliances. h. Use of irrigation systems primarily at night when evaporation rates are lowest. i. Provide information to the public in conspicuous places regarding water conservation. j. Use of water conserving landscape plant materials wherever feasible. Public Utilities Department 60 All water supply planning for the project will be closely coordinated with, and be subject to the review and final approval of, the Public Utilities Department, Water Engineering Division and Fire Department. Public Utilities, Fire Departments 61 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water Public Utilities Department Water - 17 - PC2014-*** meter pad (ii) a twenty (20) foot wide easement for all water service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC & Rs for the project. Engineering 62 A private water system with separate water service for fire protection and domestic water shall be provided. Such improvements shall be shown on plans submitted for building permits. Public Utilities Department Water Engineering 63 Water pressure greater than 80 pounds per square inch (psi) shall be reduced to 80 psi or less by means of pressure reducing valves installed at the property owner/developer’s service. Public Utilities, Fire Departments 64 The property owner/developer shall submit a landscape and irrigation plan which shall be prepared and certified by a licensed landscape architect. The irrigation plan shall specify methods for monitoring the irrigation system. The system shall ensure that irrigation rates do not exceed the infiltration of local soils, that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies, and that surface runoff and overwatering is minimized. The landscaping and irrigation plans shall include water-conserving features such as low flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, rain sensors, soil moisture sensors, and other water-conserving equipment. The landscaping and irrigation plans shall indicate that separate irrigation lines for recycled water shall be constructed and recycled water will be used when it becomes available. All irrigation systems shall be designed so that they will function properly with recycled water. Planning and Building 65 Plans shall specifically show that the water meter and backflow equipment and any other large water system equipment will be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, aboveground and behind the building setback line in a manner fully screened from all public streets and alleys and in accordance with Ordinance No. 4156. Prior to the final building and zoning inspections, the water meter and backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, in accordance with the Final Site Plan and the building permit plans. Public Utilities Department 66 Unless records indicate previous payment, the appropriate fees for Primary Mains, Secondary Mains and Fire Protection Service shall be paid to the Public Utilities Department, Water Engineering Division in accordance with Rule 15A, and Rule 20 of the Public Utilities Department Water Public Utilities Department - 18 - PC2014-*** Rates, Rules and Regulations. 67 The property owner/developer shall participate in the City’s Master Plan of Sewers and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future sanitary sewer system deficiencies as follows: The property owner/developer shall submit a report/sewer study for review and approval of the City Engineer to assist in determining the following: a. If the development/redevelopment (1) does not discharge into a sewer system that is currently deficient or will become deficient because of that discharge and/or (2) does not increase flows or change points of discharge, then the property owner’s/developer’s responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program. b. If the development/redevelopment (1) discharges into a sewer system that is currently deficient or will become deficient because of that discharge and/or (2) increases flows or changes points of discharge, then the property owner/developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and the City Attorney of the impact prior to approval of a final subdivision map or issuance of a grading or building permit whichever occurs first, pursuant to the improvements identified in the South Central Area Sewer Deficiency Study. The property owner/developer shall be required to install the sanitary sewer facilities, as recommended by the South Central Area Sewer Deficiency Study, prior to acceptance for maintenance of public improvements by the City or final building and zoning inspections for the building/structure, whichever comes first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program, as determined by the City Engineer, which may include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts for the sanitary sewer system, the property owner/developer shall submit a sanitary sewer system improvement phasing plan for the project to the City Engineer for review and approval which shall contain, at a minimum, (1) a layout of the complete system, (2) all facility sizes, including support calculations, (3) construction phasing, and (4) construction estimates. c. The study shall determine the impact of the project sewer flows for total build out of the project and identify local deficiencies for each project component (i.e., each hotel). Public Works Department 68 The property owner/develop shall consult with the City of Anaheim Public Utilities Department, Business and Community Programs Division, in order to review energy efficient measures to incorporate into the project design. Prior to the final building and zoning inspection, the property owner developer shall implement these energy efficient measures which may include the following: a. High-efficiency air-conditioning systems with EMS (computer) control Public Utilities Department - 19 - PC2014-*** b. Variable air volume (VAV) distribution c. Outside air (100%) economizer cycle d. Staged compressors or variable speed drives to flow varying thermal loads e. Isolated HVAC zone control by floors/separable activity areas f. Specification of premium-efficiency electric motors (i.e., compressor motors, air-handling units, and fan-coil units) g. Use of occupancy sensors in appropriate spaces h. Use of compact fluorescent lamps i. Use of cold cathode fluorescent lamps j. Use of light emitting diode (LED) or equivalent energy-efficient lighting for outdoor lighting k. Use of Energy Star® exit lighting or exit signage. l. Use of T-8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified m. Use of lighting power controllers in association with metal-halide or high-pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots n. Consideration of thermal energy storage air-conditioning for spaces or facilities that may require air-conditioning during summer, day- peak periods. o. For swimming pools and spas, incorporate solar heating, automatic covers, and efficient pumps and motors, as feasible. p. Consideration for participation in Advantage Services Programs such as: q. New construction design review, in which the City cost-shares engineering for up to $10,000 for design of energy efficient buildings and systems. r. New Construction – cash incentives ($300 to $400 per kW reduction in load) for efficiency that exceeds Title 24 requirements. s. Green Building Program – offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. 69 Prior to the issuance of each building permit for a hotel development that exceeds 100 rooms per gross acre within the Commercial Recreation (C-R) District (Development Area 1) within the Convention Center (CC) Medium density category, the property owner shall record a covenant on the property requiring that ongoing during project implementation, the property owner/developer shall implement TDM measures sufficient to reduce the actual trip generation from the development to no more than the trips assumed by the City’s traffic model. The form of the covenant shall be approved by the City Attorney’s Office. Public Works - 20 - PC2014-*** 70 The property owner/developer shall submit plans and calculations to the City of Anaheim Planning and Building Department, to demonstrate that the energy efficiency of each building will exceed the Title 24 Energy Efficiency Standards for Residential and Non-residential Buildings current at the time of application by at least 10 percent. Planning and Building 71 The property owner/developer shall coordinate with the Public Utilities Department to incorporate feasible renewable energy generation measures into the project. These measures may include but not be limited to use of solar and small wind turbine sources on new and existing facilities and the use of solar powered lighting in parking areas. Public Utilities Department 72 The property owner/developer shall participate in the City’s Master Plan of Storm Drains and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future storm drainage system deficiencies as follows: The property owner/developer shall submit a report for review and approval by the City Engineer to assist with determining the following: a. If the specific development/redevelopment does not increase or redirect current or historic storm water quantities/flows, then the property owner/developer’s responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program to provide storm drainage facilities in 10- and 25-year storm frequencies and to protect properties/structures for a 100-year storm frequency. b. If the specific development/redevelopment increases or redirects the current or historic storm water quantity/flow, then the property owner/developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and City Attorney’s office of the impact prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, pursuant to the improvements identified in the Master Plan of Drainage for the South Central Area. The property owner/developer shall be required to install the storm drainage facilities as recommended by the Master Plan of Drainage for the South Central Area to provide storm drainage facilities for 10- and 25-year storm frequencies and to protect properties/structures for a 100-year storm frequency prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building/structure, whichever occurs first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which could include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted by the property owner/developer to the City Engineer for review and approval and shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and, (4) construction estimates. Public Works Department - 21 - PC2014-*** 73 Building plans shall indicate that new developments will minimize stormwater and urban runoff into drainage facilities by incorporating design features such as detention basins, on-site water features, and other strategies. Planning and Building 74 Prior to issuance of each building permit; to be implemented prior to final building and zoning Inspection, The property owner/developer shall submit project plans to the Public Works Department for review and approval to ensure that the plans comply with AB 939, the Solid Waste Reduction Act of 1989, as administered by the City of Anaheim and the County of Orange and City of Anaheim Integrated Waste Management Plans. Prior to final building and zoning inspection, implementation of said plan shall commence and shall remain in full effect. Waste management mitigation measures that shall be taken to reduce solid waste generation include, but are not limited to: a. Detailing the location and design of on-site recycling facilities. b. Providing on-site recycling receptacles to encourage recycling. c. Complying with all Federal, State and City regulation for hazardous material disposal. d. Participating in the City of Anaheim’s “Recycle Anaheim” program or other substitute program as may be developed by the City. In order to meet the requirements of the Solid Waste Reduction Act of 1989 (AB 939), the property owner/developer shall implement numerous solid waste reduction programs, as required by the Public Works Department, including, but not limited to: a. Facilitating recycling by providing chutes or convenient locations for sorting and recycling bins. b. Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and storing. c. Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. d. Providing trash compactors for non-recyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. e. Prohibiting curbside pick-up. Public Works Streets and Sanitation 75 Plans shall show that trash storage areas shall be provided and maintained in a location acceptable to the City of Anaheim Department of Public Works, Operations Division. On an ongoing basis, trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. Public Works Streets and Sanitation 76 The Property Owner/Developer shall demonstrate that the plans include provisions for the installation of trash and recycle receptacles near all benches and near high traffic areas such as plazas, transit stops and retail and dining establishments. Public Works Streets and Sanitation - 22 - PC2014-*** 77 The Property Owner/Developer shall submit to the Planning Director or Planning Services Manager for approval a Construction Waste Management Plan that, at a minimum, specifies that at least 75 percent of non-hazardous construction and demolition debris shall be recycled or salvaged and identifies the materials to be diverted from disposal and whether the materials will be sorted on site or co-mingled. Planning and Building 78 Prior to the issuance of the first building permit, the location of any proposed gates across a driveway shall be subject to the review and approval of the City Engineer. Gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the current version of Engineering Standard Detail No. 475. Public Works 79 Prior to commencement of structural framing on each parcel or lot, onsite fire hydrants shall be installed and charged by the property owner/developer as required and approved by the Fire Department. Fire PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 80 The property owner/developer shall submit to the Planning and Building Department a letter from a licensed landscape architect certifying that all landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with the Final Site Plan. Planning and Building 81 Prior to final building and zoning inspections, root and sidewalk barriers shall be provided for trees within seven feet of public sidewalks. Planning and Building 82 The property owner/developer shall submit an earthquake emergency response plan for review and approval by the Fire Department. The plan shall require posted notices in all hotel rooms on earthquake safety procedures and incorporate ongoing earthquake training for hotel staff to the satisfaction of the Fire Department. Fire Department 83 Prior to the removal of USTs, the property owner/developer shall obtain a permit from the Environmental Protection Section of the Fire Department for the removal of such tanks. During the removal of USTs, a representative from the Environmental Protection Section of the Fire Department shall be onsite to direct soil sampling. Fire Department 84 The property owner/developer shall submit a letter from a licensed landscape architect to the City certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. Planning and Building 85 The property owner/developer shall install piping on-site with project water mains so that reclaimed water may be used for landscape irrigation, if and when it becomes available. Public Utilities Department 86 The property owner/developer shall place emergency telephone service Fire - 23 - PC2014-*** numbers in prominent locations as approved by the Fire Department. Department 87 Prior to the placement of building materials on a building site, An all- weather road shall be provided from the roadway system to and on the construction site and for fire hydrants at all times, as required by the Fire Department. Such routes shall be paved or, subject to the approval of the Fire Department, shall otherwise provide adequate emergency access. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements of Section 10.204 of the Uniform Fire Code, as adopted by the City of Anaheim. Fire Department 88 The property owner shall join and financially participate in a clean fuel shuttle program such as the Anaheim Resort Transit system, and shall participate in the Anaheim Transportation Network in conjunction with the on-going operation of the project. The property owner shall also record a covenant on the property that requires participation in these programs ongoing during project operation. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Public Works Department, Traffic Engineering 89 The property owner shall record a covenant on the property requiring that ongoing during project implementation, the property owner/developer shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. The form of the covenant shall be approved by the City Attorney’s Office. Objectives of the TDM program shall be: a. Increase ridesharing and use of alternative transportation modes by guests. b. Provide a menu of commute alternatives for employees to reduce project-generated trips. c. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. Public Works Department, Traffic Engineering 90 The property owner/developer shall provide to the City of Anaheim Public Works Department for review and approval a menu of TDM program strategies and elements for both existing and future employees’ commute options, and incentives for hotel patrons’ transportation options. These options may include, but are not limited to, the list below. The property owner shall also record a covenant on the property requiring that the approved TDM strategies and elements be implemented ongoing during project operation. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. a. On-site services. Provide, as feasible and permitted, on-site services such as the food, retail, and other services. b. Ridesharing. Develop a commuter listing of all employee members for the purpose of providing a “matching” of employees with other employees who live in the same geographic areas and who could rideshare. Public Works Department, Traffic Engineering - 24 - PC2014-*** c. Vanpooling. Develop a commuter listing of all employees for the purpose of matching numbers of employees who live in geographic proximity to one another and could comprise a vanpool or participate in the existing vanpool programs. d. Transit Pass. Promote Orange County Transportation Authority (including commuter rail) passes through financial assistance and on- site sales to encourage employees to use the various transit and bus services from throughout the region. e. Shuttle Service. Generate a commuter listing of all employees living in proximity to the project, and offer a local shuttle program to encourage employees to travel to work by means other than the automobile. When appropriate, event shuttle service shall also be made available for guests. f. Bicycling. Develop a Bicycling Program to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers should be provided as part of this program. Maps of bicycle routes throughout the area should be provided to inform potential bicyclists of these options. g. Guaranteed Ride Home Program. Develop a program to provide employees who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. h. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. i. Work Shifts. Stagger work shifts. j. Compressed Work Week. Develop a “compressed work week” program, which provides for fewer work days but longer daily shifts as an option for employees. k. Telecommuting. Explore the possibility of a “telecommuting” program that would link some employees via electronic means (e.g., computer with modem). l. Parking Management. Develop a parking management program that provides incentives to those who rideshare or use transit means other than single-occupant auto to travel to work. m. Access. Provide preferential access to high occupancy vehicles and shuttles. n. Financial Incentive for Ridesharing and/or Public Transit. Offer employees financial incentives for ridesharing or using public transportation. Currently, federal law provides tax-free status for up to $65 per month per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bus pools. o. Financial Incentive for Bicycling. Offer employees financial incentives for bicycling to work. - 25 - PC2014-*** p. Special “Premium” for the Participation and Promotion of Trip Reduction. Offer ticket/passes to special events, vacations, etc. to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. q. Incentive Programs. Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. 91 Every property owner and/or lessee shall designate an on-site contact that will be responsible for coordinating with the ATN and implementing all trip mitigation measures. The on-site coordinator shall be the one point of contact representing the project with the ATN. The TDM requirements shall be included in the lease or other agreement with all of the project participants. Public Works Department, Traffic Engineering 92 That prior to final building and zoning inspection, fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Public Works Department, Traffic Engineering 93 A separate water meter shall be installed for landscape water on all projects where the landscape area exceeds 2,500 square feet in accordance with Ordinance No. 6160. Planning and Building 94 The property owner/developer shall install an underground electrical service from the Public Utilities Distribution System. The Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. Public Utilities Department 95 Prior to final building and zoning inspections, the applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Public Works, Development Services GENERAL / ONGOING DURING PROJECT CONSTRUCTION 96 Ongoing, the property owner/developer shall be responsible for the removal of any on-site graffiti within 24 hours of its application. Planning and Building 97 Ongoing during grading activities, the property owner/developer shall Planning and - 26 - PC2014-*** implement standard practices for all applicable codes and ordinances to prevent erosion to the satisfaction of the Planning and Building Department, Building Services Division. Building 98 Ongoing during construction, the property owner/developer shall implement measures to reduce construction-related air quality impacts. These measures shall include, but are not limited to: a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth- moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. For projects where there is excavation for subterranean facilities (such as parking) on-site haul roads shall be watered at least every two hours or the on-site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer’s specification, to exposed piles. d. Roadways adjacent to the project shall be swept and cleared of any spilled export materials at least twice a day to assist in minimizing fugitive dust; and, haul routes shall be cleared as needed if spills of materials exported from the project site occur. e. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. f. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. l. Comply with SCAQMD Rule 402, which states that no Planning and Building - 27 - PC2014-*** dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable. o. Maintain construction equipment engines by keeping them properly tuned. Use low sulfur fuel for equipment, to the extent practicable. 99 All on-site non-Public Realm landscaping and irrigation systems, and Public Realm landscaping and irrigation systems, within area in which dedication has not been accepted by the City, shall be maintained by the property owner/developer, in compliance with City standards. Planning and Building 100 Any tree planted within the Setback Realm shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning and Building 101 A licensed arborist shall be hired by the property owner/developer to be responsible for all tree trimming. Planning and Building 102 The property owner/developer shall implement measures to reduce emissions to the extent practical, schedule goods movements for off-peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable. Planning and Building 103 The property owner/developer shall implement measures to reduce construction-related air quality impacts. These measures shall include, but are not limited to: a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth-moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. For projects where there is excavation for subterranean facilities (such as parking) on-site haul roads shall be watered at least every two hours or the on-site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer’s specification, to exposed piles. d. Roadways adjacent to the project shall be swept and cleared of any spilled export materials at least twice a day to assist in minimizing fugitive dust; and, haul routes shall be cleared as needed if spills of materials exported from the project site occur. Planning and Building - 28 - PC2014-*** e. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. f. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. l. Comply with SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable. o. Maintain construction equipment engines by keeping them properly tuned. p. The property owner/developer shall implement standard practices for all applicable codes and ordinances to prevent erosion to the satisfaction of the Planning and Building Department, Building Services Division. 104 Ongoing during remediation all remediation activities of surface or subsurface contamination not related to USTs, conducted on behalf of the property owner/developer, shall be overseen by the Orange County Health Care Agency (OCHCA). Information on subsurface contamination from USTs shall be provided to the Public Utilities Department, Environmental Services Division. Fire Department 105 In the event that hazardous waste, including asbestos, is discovered during site preparation or construction, the property owner/developer shall ensure that the identified hazardous waste and/or hazardous material are handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5), and according to the requirements of the California Fire Department - 29 - PC2014-*** Administrative Code, Title 30, Chapter 22. 106 The property owner/developer shall provide for the following: cleaning of all paved areas not maintained by the City of Anaheim on a monthly basis, including, but not limited to, private streets and parking lots. The use of water to clean streets, paved areas, parking lots, and other areas and flushing the debris and sediment down the storm drains shall be prohibited. Planning and Building 107 The property owner/developer shall ensure that all internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers. Planning and Building 108 Pressure washing operations for purposes of building repair and maintenance due to graffiti or other aesthetical considerations shall be limited to daytime hours of operation between 7:00 a.m. and 8:00 p.m. Planning and Building 109 Sweeping operations in the parking facilities and private on-site roadways shall be performed utilizing sweeping/scrubbing equipment which operate at a level measured not greater than 60 dBA at the nearest adjacent property line. Planning and Building 110 The property owner/developer shall pay for all reasonable costs associated with noise monitoring which shall include monitoring conducted by a certified acoustical engineer under the direction of the Planning and Building Department four times a year on a random basis to ensure that outdoor construction-related sound levels at any point on the exterior project boundary property line do not exceed 60 dBA between the hours of 7:00 p.m. and 7:00 a.m. of the following day where outside construction is occurring. If a complaint is received by the City, additional noise monitoring shall be conducted at the discretion of the City. If the monitoring finds that the 60 dBA threshold is being exceeded, construction activities will be modified immediately to bring the sound level below the 60 dBA requirement, with additional follow-up monitoring conducted to confirm compliance. Planning and Building 111 The property owner/developer shall provide private security on the premises to maintain adequate security for the entire project subject to review and approval of the Police Department. The use of security patrols and electronic security devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. Police Department 112 If the Anaheim Police Department or the Anaheim Traffic Management Center (TMC) personnel are required to provide temporary traffic control services, the property owner/developer shall reimburse the City, on a fair- share basis, if applicable, for reasonable costs associated with such services. Police Department 113 The City shall continue to collaborate with the Metropolitan Water District of Southern California (MWD), its member agencies, and the Orange Public Utilities Department - 30 - PC2014-*** County Water District (OCWD) to ensure that available water supplies meet anticipated demand. If it is forecasted that water demand exceeds available supplies, staff shall recommend to City Council to trigger application of the Water Conservation Ordinance (Anaheim Municipal Code, §10.18), as prescribed, to require mandatory conservation measures as authorized by Sections 10.18.070 through 10.18.090, as appropriate. 114 The following practices shall be implemented, as feasible, by the property owner/developer: a. Usage of recycled paper products for stationary, letterhead, and packaging. b. Recovery of materials such as aluminum and cardboard. c. Collection of office paper for recycling. d. Collection of polystyrene (foam) cups for recycling. e. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. Public Works Department 115 The use of the guest dining area of the hotel shall be for paid hotel guests only and shall not be open to the general public. No meals shall be provided or sold to the general public and the dining area shall not operate as a restaurant open to the public. Planning 116 The use of the private water park within the hotel shall be for paid hotel guests only and shall not be open to the general public. Planning 117 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Code Enforcement 118 The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring uses. Police 119 Exhibit “B” of this document containing the conditions of approval and mitigation measures associated with this entitlement shall be prominently displayed on plans submitted for permits. Planning 120 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning 121 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set Planning - 31 - PC2014-*** aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 122 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning ATTACHMENT NO. 4 6&$/('$7(:2*5266$5($&217285,17(59$/727$//276 )(%;2.10 AC.±$''5(66:(67.$7(//$$9(18($1$+(,0&$7<3,&$/675((76(&7,216& ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: APRIL 7, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05699 AND VARIANCE NO. 2013-04932 LOCATION: 1783–1785 West Lincoln Avenue (Nubia Cafe) APPLICANT/PROPERTY OWNER: The applicant is the owner of the restaurant, Alaa Khalil, and the property owner is Yun C. Kwo. REQUEST: The applicant is requesting approval of a conditional use permit to allow an outdoor smoking lounge in conjunction with an existing restaurant. The proposal includes a variance to allow fewer parking spaces than required by Code. On February 24, 2014, the Commission continued this public hearing for four weeks in order to provide the applicant with an opportunity to address questions regarding the business’s compliance with State labor law and to further clarify proposed parking arrangements. On March 24, 2014, the Commission continued the hearing for two additional weeks to provide more time for the applicant to address these issues. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2013-05699 and Variance No. 2013-04932. BACKGROUND: The 0.3-acre project site is developed with the subject restaurant and smoking lounge and an additional restaurant in an adjacent tenant space. The subject site is part of a larger 11,500 square foot multi-tenant commercial center located in the General Commercial (C-G) zone. The center consists of three parcels that are individually owned but share vehicular access. The site is designated for Industrial land uses by the General Plan. Surrounding land uses include a motel to the south, across Lincoln Avenue; commercial centers to the east and west; and an industrial business to the north. PROPOSAL: The subject business consists of a 1,280 square foot restaurant, a 1,280 square foot indoor smoking lounge, and an existing 1,213 square foot outdoor patio. Currently, these uses share internal customer and employee access. As further described below, the applicant is now proposing to eliminate access between the restaurant and smoking lounge areas in order to ensure compliance with State labor law which prohibits the service and consumption of food within enclosed smoking areas. This business was administratively approved in 2007 because at that time, outdoor smoking lounges were permitted by right when located more than 200 feet from residential uses. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2013-05699 VARIANCE NO. 2013-04932 April 7, 2014 Page 2 of 4 A 1,054 square foot expansion to the patio area was constructed without permits. This expansion is the subject of this application because the Code was amended in 2013 to require approval of a conditional use permit to allow all outdoor smoking lounges, regardless of location. The restaurant and indoor smoking lounge’s entrances are oriented towards the front parking lot of the commercial center, adjacent to Lincoln Avenue. Customers are currently able to walk freely between these adjacent uses through interior doorways. In response to concerns raised at the last Planning Commission meeting, the applicant now proposes to separate the existing restaurant and indoor smoking lounge by closing two existing door openings between the two uses. Food will not be served or consumed in the indoor smoking area. Food would be prepared and consumed in the westerly half of the building, or restaurant area, where no smoking will take place. A new self closing door will be installed in the rear of the restaurant space in order to provide a physical barrier between the restaurant and outdoor smoking lounge. This separation will ensure that the business complies with State labor law which prohibits smoking within indoor restaurants so as to prevent employees from being exposed to second hand smoke. The outdoor smoking lounge area, which is accessed primarily through a gate off the rear parking area, contains seating, tables, an overhead canvas canopy structure, televisions, and portable heaters. It is partially enclosed by eight foot high walls along the north and west property lines. The applicant indicates that hookah smoking and food consumption would only occur within the outdoor patio area as allowed by State labor law. As part of this request, the applicant also proposes to construct a new trash enclosure and adjacent coal/ash container. ANALYSIS: Conditional Use Permit: A conditional use permit is required for outdoor smoking lounges in this zone to ensure compatibility with surrounding uses. The smoking lounge provides a service to restaurant patrons and does not operate independently from the restaurant. The hours of operation for the smoking lounge coincide with the restaurant hours, which are 4:30 p.m. to 2:00 a.m. Sunday through Thursday and 4:30 p.m. to 3:00 a.m. Friday and Saturday. No live music, entertainment, or alcoholic beverages are proposed. The nearest residential use is an apartment complex located across Lincoln Avenue to the south, which is approximately 300 feet from the outdoor patio area where smoking occurs. Based on this information, staff believes that the business can operate in a manner that is compatible with surrounding uses. The smoking lounge abuts a retail building to the west and an industrial business to the north. The outdoor smoking lounge is enclosed with 8-foot high walls, although impacts to the adjacent businesses are not anticipated because the peak hours for the smoking lounge occur after 9:00 p.m., when nearly all of the adjacent businesses are closed. In order to minimize impacts to nearby businesses, staff is recommending several conditions of approval, such as providing security to the satisfaction of the Police Department, prohibiting the sale of alcoholic beverages, and prohibiting the admittance of minors. In response to testimony received at the last Planning Commission hearing from an adjacent property owner regarding trash being left behind by smoking lounge patrons, the business owner has CONDITIONAL USE PERMIT NO. 2013-05699 VARIANCE NO. 2013-04932 April 7, 2014 Page 3 of 4 agreed to clean the shared parking lots each morning. A condition of approval has been added to the draft resolution memorializing this requirement. At the previous Planning Commission meeting, the Commission requested a history of code enforcement cases associated with the subject business. Code Enforcement staff has prepared a memorandum, which is included as Attachment No. 4 to this staff report, outlining code enforcement actions relating to this business since 2007. All code enforcement cases have been addressed and subsequently closed, except for the unpermitted expansion of the outdoor smoking lounge and patio cover that is the subject of the current request. Staff believes that the outdoor smoking lounge, as conditioned, would be compatible with the surrounding businesses. Parking Variance: Code requires 78 spaces for Nubia Café, including the restaurant and smoking lounge areas, as well as the adjacent take-out restaurant on the same property. Thirteen parking spaces are provided on site. The applicant is proposing to provide an additional 102 parking spaces through agreements with adjacent propert y owners to the north and east, not including the 24 parking spaces on the adjacent liquor store property. During the last hearing, the liquor store owner indicated that Nubia Café patrons and employees are not allowed to park on this property. The proposed off- site spaces include 65 spaces that are available when the smoking lounge opens at 4:30 p.m. until the close of business. These parking spaces would be shared with the off-site businesses until they close at 5:00 p.m. The additional 37 off-site parking spaces would be available after 8:00 p.m. when the café is busiest and the adjacent businesses are closed. The location of these off-site spaces is shown on submitted plans and the applicant’s letter of justification which is included as Attachment No. 3 to the staff report. With these agreements, a total of 115 spaces are available for Nubia Café during its peak operating hours, or 44 spaces more than required by Code. A condition of approval requiring recordation of the parking agreements within 90 days is included in the draft resolution. Because 65 of the off-site parking spaces will be shared with other businesses for a short duration of time, the applicant must obtain approval of a parking variance. The applicant submitted a self-prepared parking demand analysis to justify the requested parking variance. The smoking lounge experiences very little customer traffic prior to 8:00 p.m. and the applicant indicates that the 13 on-site spaces and shared use of the 65 off-site spaces are more than adequate to accommodate the parking demand of their customers and those of the adjacent take-out restaurant, which closes at 9:00 p.m. Staff has conducted field observations between the hours of 4:30 p.m. and 8:00 p.m. and verified the availability of adequate parking during these hours to meet the parking demands of Nubia Café as well as the businesses that are sharing their parking spaces. Based upon the applicant’s parking analysis and staff’s field observations, staff recommends approval of the parking variance as the 78 parking spaces provided from 4:30 p.m. to 8:00 p.m. and the 115 spaces to be provided after 8:00 p.m. are adequate to accommodate the shared parking demand. CONDITIONAL USE PERMIT NO. 2013-05699 VARIANCE NO. 2013-04932 April 7, 2014 Page 4 of 4 CONCLUSION: Staff believes that the restaurant and outdoor smoking lounge is compatible with the adjacent commercial and industrial uses in the surrounding area. The applicant has proposed building modifications that will ensure that the business complies with State labor laws. In addition, the applicant plans to secure parking on adjacent properties in excess of Code requirements. Staff recommends approval of this conditional use permit and variance. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit and Variance Resolution 3. Applicant’s Letters of Request and Parking Justification The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 4. Code Enforcement Memorandum 5. Site Photographs 6. Plans RM-3VACANT C-GRESTAURANT RS-2SINGLE FAMILY RESIDENCE C-GMEDICALOFFICE TKETTLE MOTORHOTEL RS-2SINGLE FAMILY RESIDENCE TANAHEIMROADWAYINN & SUITES RM-4WINDROSEAPTS106 DU TRESTAURANT RM-4VILLA GARDENSAPARTMENTS43 DU C-GRETAIL IINDUSTRIAL C-GRETAIL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL C-GRETAIL IINDUSTRIAL C-GMEDICAL OFFICE IRETAIL C-GINDUSTRIALIINDUSTRIAL TMEDICAL OFFICE TMEDICAL OFFICEC-GRETAILW LINCOLN AVEN CRESCENT WAYW EMBASSY AVE S HACIENDA STW. BROADWAY N. EUCLID STS. EUCLID STN. BROOKHURST STS. BROOKHURST STS.WALNUTSTW. LINCOLN AVE N. LOARA ST1 7 7 5 - 1785 West Lincoln Avenue1783 - 1785 West Lincoln Avenue D E V N o. 2013-00051 Subject Property APN: 072-101-30 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 12 W LINCOLN AVEN CRESCENT WAYW EMBASSY AVE S HACIENDA STW. BROADWAY N. EUCLID STS. EUCLID STN. BROOKHURST STS. BROOKHURST STS.WALNUTSTW. LINCOLN AVE N. LOARA ST1 7 7 5 - 1785 West Lincoln Avenue1783 - 1785 West Lincoln Avenue D E V N o. 2013-00051 Subject Property APN: 072-101-30 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 12 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05699 AND VARIANCE NO. 2013-04932 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00051) (1783 – 1785 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition for Conditional Use Permit No. 2013- 05699 to permit an outdoor smoking lounge in conjunction with an existing restaurant in a commercial building (herein referred to as the "Proposed Project") and Variance No. 2013-04932 to permit fewer parking spaces than required by the Anaheim Municipal Code (the "Code") for that certain real property located at 1783 – 1785 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 0.3 acres, is developed with a 3,840 square foot commercial retail building with two tenants. The Property is located in and subject to the regulations and development standards of the General Commercial (C-G) Zone. The Anaheim General Plan designates the Property for Industrial land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 24, 2014 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code (herein referred to as the “Code”), to hear and consider evidence for and against proposed Conditional Use Permit No. 2013-05699 and Variance No. 2013-04932 and to investigate and make findings and recommendations in connection therewith. The hearing was continued to the regular meeting of the Planning Commission held on March 24, 2014 to allow time to address issues raised during the public hearing. At the request of the applicant, the hearing was continued an additional two weeks to the April 7, 2014 meeting; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit an outdoor smoking lounge in conjunction with an existing restaurant, has determined that Conditional Use Permit No. 2013-05699 should be approved for the following reasons, does find and determine the following facts: - 2 - PC2014-*** 1. The proposed request to permit the Proposed Project in the General Commercial (C-G) Zone, under the conditions imposed, is properly one for which a conditional use permit is authorized by Section 18.08.030.010 of the Code; and 2. The proposed conditional use permit to permit the Proposed Project, under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area because the nearest residential structures are located more than 300 feet from the outdoor patio area where smoking occurs. Moreover, the smoking lounge can operate in a manner that is compatible with surrounding uses; and 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to either the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a commercial retail building; and 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and there is adequate parking on-site based on a parking demand analysis prepared for the site and as verified by staff to accommodate the use; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and the land use is compatible with the surrounding area. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (78 spaces required; 13 on-site spaces and 102 off-site spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off- street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use based upon the conclusions contained in a self- prepared parking demand analysis submitted by the applicant and verified by staff’s observations of the the restaurant and hookah lounge between the hours of 4:30 p.m. and 8:00 p.m when the Proposed Project shares parking spaces with adjacent businesses during their normal business hours, and the availability of adequate parking during peak business hours. These observations confirmed that adequate parking will be available for the existing and proposed uses as the 115 parking spaces, which includes 102 off-site parking spaces under parking agreements with adjacent property owners; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site and off-site parking within the commercial retail property and adjacent properties under agreement, will adequately accommodate the parking demands of the Proposed Project and the other uses on the site; and - 3 - PC2014-*** 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on and off-site parking for the outdoor smoking lounge and restaurant will adequately accommodate peak demands of the Proposed Project and all uses on the site; and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on-site circulation; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013-05699 and Variance No. 2013-04932, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 4 - PC2014-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 7, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (“Zoning Provisions - General”) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 7, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of April, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2014-*** - 6 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05699 AND VARIANCE NO. 2013-04932 (DEV2013-00051) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police Department 2 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Planning Department, Police Department 3 The proper permits shall be obtained for the unpermitted outdoor patio improvements within 90 days of the date of this resolution. Planning Department, Building Division 4 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement 5 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 6 No alcoholic beverages shall be sold, served or consumed on the premises. Police Department 7 Operation of outdoor barbecues or braziers or lighting coals shall not be permitted. Police Department, Code Enforcement - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 8 There shall be no admission fee, cover charge, nor minimum purchase required. Police Department 9 Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the Anaheim Fire Department, or as otherwise required by state or federal laws. Fire Department 10 The maximum occupancy shall not exceed the occupancy limit for the premises established by the Anaheim Fire Department and Building Division. Fire Department, Building Division, Code Enforcement 11 There shall be no entertainment, amplified music or dancing permitted on the outdoor patio or within the enclosed smoking lounge. An Entertainment Permit may be applied for at the restaurant. Police Department, Code Enforcement 12 No persons under 18 years of age shall be permitted within any area of the business premises where the smoking of tobacco or other substances is allowed including any outdoor seating area, and a sign shall be posted at the entrance stating “No one under the age of 18 allowed.” Police Department, Code Enforcement 13 The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. Police Department, Code Enforcement 14 Any security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. Police Department, Code Enforcement 15 The business shall be exempt from the prohibition of smoking in the workplace set forth in California Labor Code Section 6404.5. Police Department, Code Enforcement 16 The business shall be operated in accordance with the Letter of Request and Parking Demand Analysis submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and Parking Demand Analysis and to ensure compatibility with the surrounding uses. Planning Department - 8 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 17 The applicant shall provide a parking attendant at all times during the operating hours of the smoking lounge to monitor the parking lot and ensure that employees and customers do not park on adjacent properties without the authorization of the appopriate property owner(s). Planning Department, Code Enforcement 18 Within 90 days of the date of this resolution, the applicant shall obtain agreements with those property owners identified on approved exhibits for the purpose of providing a minimum of 102 off-site parking spaces, which agreements shall be satisfactory to the Planning Director and the City Attorney and in recordable form and, following approval thereof by the City Attorney, shall be recorded in the Official Records of the County of Orange. Planning Department, Code Enforcement 19 The applicant shall not permit smoking within any portion of the building containing the enclosed restaurant. Planning Department, Code Enforcement 20 The applicant shall install a self-closing door as determined appropriate by the Building Official, at the doorway between the enclosed restaurant and the outdoor smoking lounge to prevent smoke from the outdoor smoking lounge from migrating into the enclosed restaurant. If the Building Official permits a self-closing door to be installed, the applicant shall not permit that door to remain open, except for the use of employees for the purpose of serving food and beverages to patrons, guests and invitees sitting on the outdoor smoking lounge and to gain access to the enclosed smoking lounge. Planning Department, Building Division 21 The applicant shall not sell, offer for sale, distribute or serve food or beverage products, including, but not limited to, water or alcoholic beverages within the enclosed smoking lounge where the smoking of tobacco is permitted under this Section 18.16.080. The sale, offer for sale, distribution or service of such food or beverage products to patrons, guests and invitees of the enclosed smoking lounge may occur at the enclosed restaurant or on the outdoor smoking lounge provided that such food or beverage products may only be consumed on the outdoor smoking lounge or within the enclosed restaurant and not within the enclosed smoking lounge. Planning Department, Code Enforcement 22 The location of equipment used for the heating and disposal of coals shall be determined and approved by the Anaheim Fire Department. Fire Department - 9 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 23 The applicant shall be responsible for removing trash and debris within all shared parking areas on a daily basis. Planning Department, Code Enforcement 24 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department 25 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department 26 The premises shall be developed substantially in accordance with the plans and specifications submitted to and reviewed and approved by the City of Anaheim, which plan is on file with the Planning Department. Planning Department ATTACHMENT NO. 3 M E M O R A N D U M CITY OF ANAHEIM Planning Department Code Enforcement Division DATE: April 2, 2014 TO: Planning Commission FROM: Sandra Sagert - Community Preservation Manager SUBJECT: 1783-1785 W. Lincoln Ave. - Code Enforcement Case History (Nubia Café) Per the request of the Planning Commission, the following is the code enforcement case history regarding Nubia Café since 2007: On April 17, 2007, the City of Anaheim Code Enforcement Division office received a complaint regarding the following violation(s) of the Anaheim Municipal Code: Unpermitted patio structure being built on the north side of the property & refuse and waste to the north side of the property. (A.M.C. 18.90.110.030 – Building Permit Required & A.M.C. 6.44.010.030 - Refuse and waste prohibited). COD2007-03182. • An initial inspection was conducted on 4/17/2007 and a Courtesy Notice was issued to the property owner. • A follow up inspection was conducted on 10/18/2007 and a Civil Notice was issued to the property owner. • On 10/29/2008 COD2007-03182 case was closed. • NOTE- Notices unavailable due to files being purged. On May 11, 2007, the City of Anaheim Code Enforcement Division office conducted a Smoking Lounge Inspection at the address aforementioned above regarding A.M.C. 18.90.030.030 - Compliance with regulations required. COD2007-04066 • An initial inspection was conducted on 5/11/2007 and a Courtesy Notice was issued to the property owner. • A follow up inspection was conducted on 10/18/2007 and a Civil Notice was issued to the property owner. • On 10/29/2008 COD2007-04066 case was closed. • NOTE- Notices and photos unavailable due to files being purged. ATTACHMENT NO. 4 On December 19, 2007, the City of Anaheim Code Enforcement Division office conducted a Smoking Lounge Inspection at the address aforementioned above regarding A.M.C. 18.90.030.030 - Compliance with regulations required. COD2007-11217 • On 7/17/2008 the case was closed. • NOTE-Notices and photos unavailable due to files being purged. On September 17, 2008, the City of Anaheim Code Enforcement Division office received a complaint regarding the following violation(s) of the Anaheim Municipal Code: Unpermitted construction on the north side of the property & refuse and waste to the north side of the property. (A.M.C. 18.90.110.030 – Building Permit Required & A.M.C. 6.44.010.030 - Refuse and waste prohibited). COD2008-09360 • An initial inspection was conducted on 9/24/2008. A Courtesy Notice was issued to the business owner for maintaining a property with chipped and peeling paint. • A follow up inspection was conducted on 11/7/2008 and a Civil Notice was mailed to the business owner for maintaining a property with chipped and peeling paint. • On 12/12/2008 the case was closed. On September 9, 2009, the City of Anaheim Code Enforcement Division office received a complaint regarding the following violation(s) of the Anaheim Municipal Code: Unpermitted construction (converted back patio into additional restaurant) on the north side of the property & refuse and waste to the north side of the property. (A.M.C. 18.90.110.030 – Building Permit Required & A.M.C. 6.44.010.030 - Refuse and waste prohibited). COD2009-07982 • An initial inspection was conducted on 9/30/2009. Records review revealed building permits from the City of Anaheim Building Division were issued and obtained by the business owner for the electrical connections, mechanical connections, plumbing connections and outdoor seating see BLD2007-00127, ELE2007-00894, MEC2007- 00541, PLM2007-00701. A Courtesy Notice was issued to the business owner on 10/8/2009 for maintaining a property with refuse and waste. • A follow up inspection was conducted on 10/26/2009 and a Civil Notice was issued to the business owner on 11/4/2009 for maintaining a property with refuse and waste. • On 11/9/2009 the case was closed. On September 25, 2009, the City of Anaheim Code Enforcement Division office received a complaint regarding the following violation(s) of the Anaheim Municipal Code: Refuse and waste throughout the exterior of the property. (A.M.C. 6.44.010.030 - Refuse and waste prohibited). COD2009-08235 • An initial inspection was conducted on 9/25/2009. A Courtesy Notice was issued to the property owner for maintaining a property with refuse and waste. • A follow up inspection was conducted on 10/26/2009. A Civil Notice was issued to the property owner for maintaining a property with refuse and waste. • On 12/9/09 the case was closed. On February 17, 2010 the City of Anaheim Code Enforcement Division office received a complaint regarding the following violation(s) of the Anaheim Municipal Code: Unpermitted construction on the north side of the property & refuse and waste to the north side of the property. (A.M.C. 18.90.110.030 – Building Permit Required & A.M.C. 6.44.010.030 - Refuse and waste prohibited). COD2010-01328. • Initial inspection conducted on 2/17/2010 revealed the complaint unfounded, no refuse and waste was observed, valid building permits on file, the case was closed. On November 4, 2010 the City of Anaheim Code Enforcement Division office received a complaint regarding the following violation(s) of the Anaheim Municipal Code: Insufficient parking spaces, refuse and waste in parking lot, minors are allowed into the establishment, establishment is open from 5:00 PM until 7:00 AM, (A.M.C. 18.90.030.030 - Compliance with regulations required & A.M.C. 6.44.010.030 - Refuse and waste prohibited). COD2010-09813 • An initial inspection was conducted on 11/5/2010 revealed no violations found at time of inspection. No notice issued. • A follow up inspection conducted on 12/2/2010 revealed no violations found at the time of inspection. No notice issued. • On 2/4/2011 the case was closed. On September 7, 2012 the City of Anaheim Code Enforcement Division office received a complaint regarding the following violation(s) of the Anaheim Municipal Code: Insufficient parking spaces, refuse and waste in parking lot, establishment is open past permitted hours, (A.M.C. 18.90.030.030 - Compliance with regulations required & A.M.C. 6.44.010.030- Refuse and waste prohibited). COD2012-08511 • An initial inspection was conducted on 9/18/2012 and a Courtesy Notice was issued to the business owner for maintaining a property with refuse and waste. • On 11/7/2012 the case was closed. On April 25, 2012 the City of Anaheim Code Enforcement Division office conducted an inspection in response to a referral from the Orange County Health Care Agency regarding refuse and waste. (A.M.C. 18.90.030.030 - Compliance with regulations required & A.M.C. 6.44.010.030- Refuse and waste prohibited). COD2012-03871 • An initial inspection was conducted on 4/25/2012. A Courtesy Notice was issued to the business owner for maintaining a property with refuse and waste. • A follow up inspection conducted on 5/11/2012. A Notice of Violation was issued to the business owner for maintaining a property with refuse and waste. • On 5/23/2012 the case was closed. On October 22, 2012 the City of Anaheim Code Enforcement Division office received a complaint regarding the following violation(s) of the Anaheim Municipal Code: No designated smoking area. (A.M.C. 18.90.030.030 - Compliance with regulations required). COD2012-10022. • Initial inspection conducted on 10/24/2012 revealed the complaint unfounded, the case was closed. On December 11, 2012 the City of Anaheim Code Enforcement Division office received a complaint regarding the following violation(s) of the Anaheim Municipal Code: Unpermitted construction on the north side of the property without any valid building permits (A.M.C. 18.90.110.030 – Building Permit Required). COD2012-11436. • Initial inspection conducted on 12/11/2012. A Courtesy Notice was issued to business owner for City of Anaheim building permit(s) required, and compliance with regulations. • A follow up inspection was conducted on 5/8/2013. A Civil Notice was issued to the business owner for City of Anaheim building permit(s) required and compliance with regulations. • A follow up inspection was conducted on 2/24/2014. A Civil Notice was issued to the business owner for City of Anaheim building permit(s) required, refuse and waste observed, and compliance with regulations. *Case is still ongoing as of April 2, 2014. A Conditional Use Permit No. 2013-05699 and Variance No. 2013-04932 have been applied for. . NUBIA CAFÉ PHOTOS 1783 – 1785 W. Lincoln Rear parking lot Rear parking lot Industrial property in rear ATTACHMENT NO. 5 Driveway on east side of building Outdoor patio Outdoor patio Outdoor patio Restaurant Hookahs and barbeque Front parking lot Front parking lot Adjacent businesses Front of Nubia Adjacent business to west Front parking lot ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: APRIL 7, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05718 AND VARIANCE NO. 2013-04956 LOCATION: The site is located at the southwest corner of Euclid Street and Westmont Drive. APPLICANT/PROPERTY OWNER: The applicant is Joe Haupt with Spectrum Development Group. The parcel owners are the City of Anaheim, the California Department of Transportation (Caltrans), and Spectrum Development Group. REQUEST: The applicant is requesting approval of a conditional use permit to construct an off-site parking lot with landscape setbacks less than required by the Zoning Code to serve an adjacent office building. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 11, Accessory Structures) and approving Conditional Use Permit No. 2013- 05718 and Variance No. 2013-04956. BACKGROUND: This 1.1-acre vacant site consists of nine separate parcels and public street right-of-way previously identified as Mariposa Place, and is located in the General Commercial (C-G) zone. The site is designated for Mixed Use land uses by the General Plan. Surrounding land uses include an office building to the north across Westmont Drive, single family homes to the west, and the I-5 Freeway to the south. PROPOSAL: The applicant proposes to construct a new parking lot with 106 spaces. The purpose of the parking lot is to provide additional parking for the office building located to the north across Westmont Drive at 505 North Euclid Street. The proposed parking lot complies with all applicable Zoning Code requirements with the exception of required landscaped setbacks. ANALYSIS: The Zoning Code requires a conditional use permit to permit an accessory parking lot in this zone. Approval of a variance is also required as the parking lot would provide landscaped setbacks that are smaller than required by Code. These applications are further described below: 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2013-05718 VARIANCE NO. 2013-04956 April 7, 2014 Page 2 of 3 Conditional Use Permit: The purpose of the conditional use permit is to ensure compatibility with surrounding uses. The proposed project has been designed to minimize impacts to the surrounding neighborhood, especially the single family homes to the west. For example, the applicant proposes to provide a 10-foot wide planter with trees spaced 20 feet apart in compliance with Code requirements. In addition, the applicant proposes to install an eight foot high wall and 12-foot high light standards with shielding to minimize light glare impacts adjacent to the single family homes. The applicant also proposes to install a new speed cushion and stop sign on Westmont Street so as to provide for a safe pedestrian crossing between the parking lot and office building. An encroachment permit for the use and parking lot improvements that will encroach into the public right-of-way formerly identified as Mariposa Place is required by Public Works prior to development of the parking lot. Based on these design features, staff recommends approval of the conditional use permit. Setback Variance: A variance is being requested to permit landscaped setbacks less than required by Code. The required and proposed landscaped setbacks are as follows: Landscaped Setback Location Adjacent to Required Planter Width (feet) Proposed Planter Width (feet) East Euclid Street 15 5 West Single Family Homes 10 10 North Westmont Drive 10 7 South I-5 Freeway 10 5 Setback requirements are intended to ensure that appropriate open landscaped areas are maintained between the parking lot and the adjacent uses. Staff believes that the findings exist for the granting of the requested setback variance due to the unique circumstances related to this site. The property is surrounded by public roadways on three sides and is also adjacent to existing steep slopes along Euclid Street and the I-5 Freeway. Due to the adjacent slopes, the adjacent roadways to the east and south are substantially higher in grade. Because of the grade difference, the property is less visible from the adjacent roadways and the reduced landscape setbacks will not be noticeable. The planters adjacent to Euclid Street and the I-5 Freeway will be heavily landscaped with canopy trees every 20 feet in compliance with Code. These planters will also be supplemented by the adjacent landscaped slope areas owned by Caltrans. The proposed landscape setback on Westmont Drive is seven feet wide, where 10 feet is required. The irregular shape of the lot creates a physical constraint on the property which makes it difficult to achieve a 10-foot setback in this location without losing a significant number of parking spaces. In addition, although less than 10 feet, the proposed setback would exceed the width of other landscaped setbacks along Westmont Drive. For example, the existing landscaped setback for the office building on the north of the street is three feet wide. Based on these reasons, staff recommends approval of this setback variance request. CONDITIONAL USE PERMIT NO. 2013-05718 VARIANCE NO. 2013-04956 April 7, 2014 Page 3 of 3 CONCLUSION: The proposed parking lot would be compatible with the surrounding area as the applicant has taken steps to minimize impacts to the surrounding area. The additional parking would also promote more commercial activity and development opportunities along the North Euclid Street corridor. In addition, the findings necessary to support the setback variance can be met. Staff recommends approval of the proposed conditional use permit and variance. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit and Variance Resolution 3. Applicant’s Letter of Operation The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 4. Site Photos 5. Site and Landscaping Plans RS-2S F R C-G (MU)PARKINGLOT RS-2S F R C-G (MU)OFF ICESRS-2S F R C-GANAHEIM PLAZASHOPPING CENTER C-G (MU)VACANT C-G (MU)VA CANT RS-2SFR RS-2SFR RS-2VACANT 5 FREEWAY 5 FREEWAY N EUCLID STW WESTMONT DR N MARIPOSA PLN FAIRHAVEN STN PARKWOOD STN LINDEN PLW. LINCOLN AVE W. BROADWAY W. LA PALMA AVE N. EUCLID STN. BROOKHURST STN. HARBOR BLVDS. EUCLID STN. LOARA ST505 N ort h E ucli d S tre et D E V No . 2 01 3 -0 0 13 4 Subject Property APN: 072-213-33072-213-1 7072-213-3 0072-213-4 1072-213-1 6072-213-3 2072-213-0 2072-213-1 5 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l P hoto :Ma y 2012 5 FREEWAY 5 FREEWAY N EUCLID STW WESTMONT DR N MARIPOSA PLN FAIRHAVEN STN PARKWOOD STN LINDEN PLW. LINCOLN AVE W. BROADWAY W. LA PALMA AVE N. EUCLID STN. BROOKHURST STN. HARBOR BLVDS. EUCLID STN. LOARA ST505 N ort h E ucli d S tre et D E V No . 2 01 3 -0 0 13 4 Subject Property APN: 072-213-33072-213-1 7072-213-3 0072-213-4 1072-213-1 6072-213-3 2072-213-0 2072-213-1 5 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l P hoto :Ma y 2013 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05718 AND VARIANCE NO. 2013-04956 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00134) (SOUTHWEST CORNER OF EUCLID STREET AND WESTMONT DRIVE) WHEREAS, the Anaheim Planning Commission (herein referred to as the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2013-05718 to construct a parking lot to provide accessory parking spaces for an existing office building located at 505 North Euclid Street (herein referred to as the "Proposed Project") and Variance No. 2013- 04956 to permit landscape setbacks less than required by the Anaheim Municipal Code (the “Code”) on that certain real property located adjacent to the aforementioned building at the southwest corner of Euclid Street and Westmont Drive in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the 1.1-acre Property is currently vacant and consists of nine separate parcels. The zoning for the Property is General Commercial (C-G). The Property is designated for Mixed Use land uses by the General Plan; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the construction or placement of minor structures accessory to existing commercial facilities, including small parking lots, and that, therefore, pursuant to Section 15311 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, on April 7, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by Resolution No. 95R-134 and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against the proposed Conditional Use Permit No. 2013-05718 and Variance No. 2013-04956, and to investigate and make findings and recommendations in connection therewith; and - 2 - PC2014-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to construct a parking lot to provide accessory parking spaces for an existing office building at 505 North Euclid Street, has determined that Conditional Use Permit No. 2013-05718 should be approved for the following reasons, does find and determine the following facts: 1. The request to permit the Proposed Project is properly one for which a conditional use permit is authorized under Section 18.08.030.010 of the Code, which permits Automotive – Public Parking as a primary use within the General Commercial (C-G) zone subject to approval of a conditional use permit. 2. The proposed Project will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the proposed Project has been designed to be compatible with surrounding residential uses to reduce or eliminate any potential adverse impacts. 3. The size and shape of the site for the Proposed Project is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic, and circulation without creating detrimental effects on adjacent properties. 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the vehicular circulation is designed to minimize impacts on the surrounding properties. 5. The granting of Conditional Use Permit No. 2013-05718 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission does further find and determine that the request for Variance No. 2013-04956 for a landscape setback to allow less parking than required by Code, should be approved for the following reasons: SECTION NO. 18.08.100.010 Minimum landscape setback. (15 feet required along Euclid Street - 5 feet proposed; 10 feet required along the I-5 freeway and Westmont Drive – 5 and 7 feet proposed) 1. There are special circumstances applicable to the Property, including size, shape, topography, location or surroundings, which do not apply to other property under the identical zoning classification in the vicinity because the site is surrounded by public streets on three sides and is also adjacent to existing steep slopes along Euclid Street and the I-5 Freeway. This site is also smaller than other commercially-zoned properties in the surrounding area. In addition, the planters adjacent to Euclid Street and the I-5 Freeway will be heavily landscaped with canopy trees every 20 feet in compliance with Code and these planters will blend in with the existing landscaped slope areas owned by Caltrans, and this will minimize its visual impact upon the - 3 - PC2014-*** surrounding neighborhood. The seven foot setback proposed along Westmont Drive is greater than the landscape setback of the parking lot across the street on the north side of Westmont Drive and is consistent with the setbacks of the residential buildings to the west. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2013-05718 and Variance No. 2013-04956 for the Property, subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that Conditional Use Permit No. 2013-05718 and Variance No. 2013-04956 are approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2013-05718 and Variance No. 2013-04956 constitutes approval of the proposed request only to the extent that they comply with the Zoning Code of the City of Anaheim and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 7, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of the City Council in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 7, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of April, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2014-*** - 6 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05718 AND VARIANCE NO. 2013-04956 (DEV2013-00134) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF BUILDING AND GRADING PERMITS 1 All backflow eq uipm ent shall be located above ground outside of the street setback area i n a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any ot h er large water system equipment shall be in sta lled to the satisfaction of the Water Engineering Division outside of t he street setback area in a manner fu ll y screened from all pu blic streets and alleys. Said information shall be specifically shown on pl ans a nd ap proved by Water Engineeri ng and Cross Connection Co ntrol Inspector. Public Utilities Department, Water Engineering Division 2 All requests for new water services, backflow equipment, or fire lines, as well as any modi ficat ions, relocations, or abandonments of exist ing water services, backflow equi pment, and fire lines, shall be coo rdinated and permitted through Water Engineering Di vision of t he Anaheim Public Utilities Department. Public Utilities Department, Water Engineering Division 3 This is a p roject wit h a landscaping area exceeding 2,500 square feet. A Landscape Documentation Package and a Cert ification of Co mpletion are required and a separate irrigation meter shall be in stalled in compliance wi th Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 6160 relating to la ndscape water efficiency. Public Utilities Department, Water Engineering Division 4 The existing 12-inch water main and related water facilities shall be included in the Right of Way Encroachment License (ENC2014-00141) that will be issued for the project. In the event of a future right-of-way abandonment, the Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all fire hydrants, including a five (5)-foot wide easement around the fire hydrant, and (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not Public Utilities Department, Water Engineering Division - 7 - PC2014-*** limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner. No s torm drain, sewer, dry utilities or other facilities shall be located within the dedicated water easement. 5 The existing 12-inch water main, valves, fire hydrant, and irrigation service within the existing Mariposa Place right-of- way that runs through the proposed project site shall be protected in place. Public Utilities Department, Water Engineering Division 6 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. Public Works- Streets and Sanitation Division 7 A demolition permit and/or right-of-way construction permit, completion and approval of the encroachment license (Real Property Services case ENC2014-00141) shall be required. Public Works Department, Development Services Division 8 Prior to issuance of the grading and/or demolition permit, the applicant shall apply for a formal street closure. Real Property Services will schedule the street closure for a City Council Hearing following approval of the permit by Planning Commission. Public Works Department, Development Services Division 9 The applicant shall submit a WQMP to Public Works for review and approval by the City Engineer. Public Works Department, Development Services Division 10 The developer shall obtain Right of Way Construction Permits from Development Services for all work performed in the right- of-way in Westmont Drive and Mariposa Place. Prior to issuance of the permit, bonds shall be posted to guarantee construction of the improvements per Public Works Standard Detail 160 -A. The improvements shall be constructed prior to final building and zoning inspections. Public Works Department, Development Services Division - 8 - PC2014-*** 11 If the State relinquishes its land to the City, then the City could elect to sell some or all of the affected land to the applicant. An engineering analysis shall be required to determine how much of the relinquished area the City needs to retain for structural, access, and repair purposes, and whether the applicant would elect to construct a retaining wall. Public Works Department, Development Services Division 12 Plans shall show any proposed gates and shall demonstrate that gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic on the adjacent public streets , and that installation of any gates shall conform to the current version of Engineering Standard Detail 475. The location of any proposed gates shall be subject to the review and approval of the City Engineer. Planning Department 13 Stop signs and stop legends on the site plan shall be in conformance with the latest versions of Engineering Standard Details 434 and 435. Public Works Department, Traffic Engineering Division 14 The property owner/developer shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the Public Works Department, Development Services Division. Public Works Department, Development Services Division 15 Prior to issuance of grading permits, the final drainage report shall demonstrate there is no increase in site run-off for the developed condition. Additional on-site drainage improvements (such as detention/retention basins or surface runoff reduction) are required to match existing Q-peak run-off condition. Public Works Department, Development Services Division 16 Prior to issuance of a grading permit, the applicant shall submit updated title reports (dated within the last 30 days of the submitted grading permit application) for all the parcels shown in the site plan. Issuance of the permit may be withheld until the applicant obtains all clearances in writing from the affected parties or entities. Public Works Department, Development Services Division 17 Conditions of approval associated with this entitlement shall be prominently displayed on plans submitted for permits. Planning Department PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 18 Curbs adjacent to the drive aisles shall be painted red to prohibit parking in the drive aisles. Red curb locations shall be clearly labeled on grading plans. Public Works Department, Development Services Division 19 All street improvements and WQMP required items shall be Public Works - 9 - PC2014-*** installed and operational prior to final building and zoning inspections. Department, Development Services Division GENERAL CONDITIONS 20 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Police Department 21 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division 22 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department 23 The Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning Department 24 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department ATTACHMENT NO. 3 ATTACHMENT NO. 4 505 EUCLID STREET AUXILIARY PARKING LOT SITE DESIGN STUDIO, INC. 180 EAST MAIN STREET, SUITE 208. TUSTIN, CA 92780 T 714.426.0248. F 714.426.0255 msullivan@sitedesign-studio.com 02.07.2014. cANAHEIM PLACE PARTNERS, LP; MR. JOE HAUPT 6 VENTURE, SUITE 100. IRVINE, CA 92618 PRELIMINARY LANDSCAPE PLAN ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: APRIL 7, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05708, VARIANCE NO. 2014-04962, AND PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00101 LOCATION: 1680 West Broadway (Mobil Oil Gas Station) APPLICANT/PROPERTY OWNER: The applicant is Salima Haddad and the property owner is Bharat Bhattrai. REQUEST: The applicant requests approval of a conditional use permit to permit the expansion of an existing service station convenience market, permit the sales of beer and wine for off-premises consumption and construct a new drive-through car wash, with fewer parking spaces than required by code. The applicant also requests a determination of public convenience or necessity to permit beer and wine sales. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 3, New Construction or Conversion of Small Structures) and approving Conditional Use Permit No. 2013-05708; Variance No. 2014-04962 and Determination of Public Convenience or Necessity No. 2013-00101. BACKGROUND: This .48-acre property is developed with a service station containing two covered pump islands, a 634 square foot convenience market and a 1,284 square foot, three-bay automotive garage. The property is located in the General Commercial (C-G) zone and the site is designated for General Commercial land uses by the General Plan. Surrounding land uses include an automotive service station to the north across Broadway, a bar and retail uses to the south, offices to the east, and an automotive smog station to the west across Broadway. PROPOSAL: The applicant proposes to expand an existing convenience market by converting the adjoining three-bay automotive service area into a convenience market with sales of beer and wine for off-premises consumption. The expanded convenience market would have a total area of 1,648 square feet. The applicant also proposes to construct a 640 square foot drive-through car wash. The automated, self- service car wash facility would be located along the south property line. The existing freestanding pole sign on the corner of Broadway and Euclid Street is proposed to be removed and replaced with a new monument sign. CONDITIONAL USE PERMIT NO. 2013-05708, VARIANCE NO. 2014-04962 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00101 April 7, 2014 Page 2 of 4 The service station and convenience market would be open 24 hours a day and the applicant proposes to sell beer and wine from 6 a.m. to midnight. The car wash would be accessible to patrons from 7:00 a.m. to 7:00 p.m. The business would have two employees on duty at any given time. The expansion of the convenience market and the addition of the self-serve car wash create a parking demand of 14 spaces and the applicant is proposing eight spaces; therefore, a variance is required to allow fewer parking spaces than required by code. ANALYSIS: The General Commercial zone requires a conditional use permit for service stations, including convenience markets with sales of beer and wine for off-premises consumption, and car wash facilities. Approval of a variance is also required to allow a fewer number of parking spaces than required by code. Following is staff’s analysis and recommendation on the requested conditional use permit and variance: Conditional Use Permit: The purpose of the conditional use permit is to ensure compatibility with surrounding uses. The expanded convenience market will replace existing automobile service bays within the existing footprint of the service station building. The convenience market will provide a range of products, with approximately 5% of the total floor area designated for the sale of beer and wine. The self-serve car wash will be located adjacent to the southern property line adjacent to an existing commercial center. Vehicles will enter the facility from a drive aisle along the northeast side of the service station building and proceed through to the car wash which exits near the southwest corner of the property facing Euclid Street. Patrons would remain in the vehicle during the car wash. No dry off area is proposed. Air and water dispensers are proposed at the northeast corner of the property and the self-serve vacuum would be located at the southeast corner of the property. Staff considered the potential impacts of the car wash on surrounding properties and found that the nearest residential units are an apartment complex located approximately 175 feet east of the self-serve vacuums and 225 feet from the self-serve car wash. Noise impacts to these uses are not anticipated due to these distance separations. All existing landscaping will be retained and a condition of approval would require artificial vines be planted along the south facing wall of the car wash building in order to deter graffiti. Staff believes the car wash will add an amenity for the patrons of the service station and would be compatible with surrounding uses. Public Convenience or Necessity: State law limits the issuance of new licenses when an alcoholic beverage license is requested for a property located in a police reporting district with a crime rate above the City average or when there is an overconcentration in the number of California Department of Alcoholic Beverage Control (ABC) licenses within a census tract. However, the law also states that such restrictions can be waived if the local jurisdiction makes a determination that the proposed business would serve "public convenience or necessity." A determination of Public Convenience or Necessity is required for this application because this property is located within a reporting district with an above average crime rate. CONDITIONAL USE PERMIT NO. 2013-05708, VARIANCE NO. 2014-04962 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00101 April 7, 2014 Page 3 of 4 The California Department of Alcoholic Beverage Control bases the number of permitted alcohol licenses on the population in the Census Tract. The subject site is located within Census Tract No. 871.05 which has a population of 4,635. As a result, two off-sale licenses are permitted in this Census Tract and presently there is one off-sale licenses in the tract. In addition, five on- sale licenses are allowed and currently there are three such licenses in the tract. This store is located in Police Reporting District No. 1732 which has a crime rate that is 33 percent above the City’s average crime rate. The Anaheim Police Department also analyzes public convenience or necessity requests based on crime statistics within a ¼ mile radius of the subject site. This approach provides a complete assessment of crime in the surrounding area and gives an accurate depiction of crime and its relation, if any, to the subject site. This measurement also results in a uniform standard for evaluation of PCN applications, regardless of a project site’s location or the size of a reporting district. The crime rate within a one quarter mile radius of this site is 268 percent above the citywide average based upon calls for service. However, approximately half the calls for service were reports of petty theft related to the Target shopping center at the southwest corner of Lincoln Avenue and Euclid Street. Other calls for service in the area include vandalism and simple assaults, which are due, in part, to the proximity of Chaparral Park. There have been 10 calls for service to the service station in the last year consisting of three panhandling instances, two robberies, one petty theft, two disturbances, one vandalism incident and one suspicious circumstance. Police Department staff indicates that the number of calls to this business in the last year is not considered excessive. The attached statement of justification for determination of public convenience or necessity by the applicant indicates that the sales area for beer and wine would be incidental to the range of products offered in the convenience store. Staff believes that with the recommended conditions of approval relating to restrictions on alcoholic beverage packaging, displays, signage, property maintenance, and on-site consumption, that the use would be compatible with the surrounding commercial land uses. Parking Variance: The proposed convenience market and car wash facility require a total of 14 parking spaces based upon a ratio of 5.5 spaces per 1,000 square feet of building area for the convenience market, 1 space for the car wash, plus a drying area for 5 cars. A total of eight parking spaces are proposed. As indicated, two employees would be on duty during each shift, leaving six parking spaces available for patrons of the business. The applicant has provided a written justification, indicating that the proposed parking would be adequate to support the service station, convenience market, and self-serve car wash because customers of self-serve car washes, unlike full-service car washes, typically drive through the facility and do not park. In addition, the applicant indicates that customers who use the service station to pump gas are the primary customers of the convenience market and do not use on-site parking spaces. Staff has observed the operations and parking demands of similar service stations with convenience markets and self-service car wash facilities. These observations confirm that customers of self- service car wash facilities do typically drive through the facility without parking. Occasionally, customers were observed briefly drying their vehicles using on-site parking spaces. Based on staff’s observations and a review of the information provided by the applicant, staff believes that the number of parking spaces proposed will be adequate to serve the customers of the service CONDITIONAL USE PERMIT NO. 2013-05708, VARIANCE NO. 2014-04962 AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00101 April 7, 2014 Page 4 of 4 station, convenience market and car wash without negatively impacting the availability of on-site parking, or availability of parking on surrounding properties and public streets. CONCLUSION: Staff believes that expanded convenience market with sales of beer and wine for off-premises consumption, and the proposed self-serve car wash are compatible with the existing service station and surrounding commercial land uses. Further, staff believes that the proposed number of parking spaces is adequate to serve the proposed business based on the parking demand of self-serve car washes and convenience markets when incorporated with service stations. Staff recommends approval of the conditional use permit and parking variance. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit, Public Convenience or Necessity Permit and Variance Resolution 3. Police Department Memorandum and PCN Proximity Map 4. Letter of Request and Justification of Conditional Use Permit The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 5. Site Photos 6. Site and Floor Plans 7. Elevation Plans C-GSERVICESTATION C-GOFFICES C-GOFFICES RM-4CASA FORTIN APARTMENTS88 DUC-GMEDICAL OFFICE C-GRESTAURANT RM-4GEI LINGAPARTMENTS41 DU RS-2SINGLEFAMILYRESIDENCE TLOARAELEMENTARYSCHOOL RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE C-GSERVICESTATION C-GMEDICAL OFFICE RM-4HAWAIIANAPTS30 DU TNURSING HOME RM-4LE CHATEAU APTS77 DU C-GRETAIL RM-4BELAGE MANOR APARTMENTS180 DU C-GRESTAURANT C-GOFFICES C-GSERVICESTATION C-GRELIGIOUSUSE C-GRETAIL C-GRETAIL RS-2SINGLEFAMILYRESIDENCE S EUCLID STW BROADWAY S FANN STS FALCON STW T ED M A R AV E W. BALL RD W. LINCOLN AVE W. BROADWAY S.EUCLIDSTS. BROOKHURST STS. WALNUT STN. EUCLID STS. M A N C H E S T E R A V E W. CRESCENT AVE 1 6 8 0 W e s t B r o a d w a y D E V N o . 2 0 1 3 -0 0 1 1 8 Subject Property APN: 250-051-01 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph oto :Ma y 2 01 2 S EUCLID STW BROADWAY S FANN STS FALCON STW T ED M A R AV E W. BALL RD W. LINCOLN AVE W. BROADWAY S.EUCLIDSTS. BROOKHURST STS. WALNUT STN. EUCLID STS. M A N C H E S T E R A V E W. CRESCENT AVE 1 6 8 0 W e s t B r o a d w a y D E V N o . 2 0 1 3 -0 0 1 1 8 Subject Property APN: 250-051-01 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph oto :Ma y 2 01 2 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05708 , PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00101 FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE AND VARIANCE NO. 2014-04962 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00118) (1680 WEST BROADWAY) WHEREAS, on July 11, 1995, the City Council of the City of Anaheim (herein referred to as the "City Council") adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determinations be made by the local governing body pursuant to applicable provisions of the California Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (herein referred to as "ABC"); and WHEREAS, Section 23958 of the Business and Professions Code provides that ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition to approve Conditional Use Permit No. 2013-05708 in conjunction with an application for (i) a determination of Public Convenience or Necessity No. 2013-00101 to permit beer and wine sales with a Type 20 (off-sale beer and wine) ABC license for off-premises consumption, to expand an existing service station convenience market, construct a new drive-through car wash, and (ii) Variance No. 2014-04962 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code") (herein referred to collectively as the "Proposed Project") for that certain real property located at 1680 Broadway in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (herein referred to as the "Property"); and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 7, 2014 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code (herein referred to as the “Code”), to hear and consider evidence for and against proposed Conditional Use Permit No. 2013-05708, Public Convenience or Necessity No. 2013-00101and Variance No. 2013-04932 and to investigate and make findings and recommendations in connection therewith; and - 2 - PC2014-*** WHEREAS, the Property is located on a .48-acre site developed with a service station, three automotive service bays and a convenience market, located in the C-G (General Commercial) zone. The site is designated for General Commercial land uses in the City of Anaheim General Plan; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the State CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA. The one example that is applicable to the Proposed Project is for the construction of "up to four commercial buildings [on a legal parcel] not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive." The Proposed Project fits within that example, and, therefore, pursuant to Section 15303 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to Conditional Use Permit No. 2013-05708 does find and determine the following facts: 1. The request to allow beer and wine sales with a Type 20 (off-sale beer and wine) ABC license for off-premises consumption in a proposed service station convenience market and a self-service, drive-through car wash is properly one for which a conditional use permit is authorized under Section 18.08.030.010 (Alcoholic Beverage Sales and Off Sale, Automotive-Washing) of the Code. 2. The service station convenience market with off-premises consumption of beer and wine and a drive-through self-service car wash would not adversely affect the surrounding land uses and the growth and development of the area because the expansion of the convenience market with added sales of beer and wine for off premises consumption and the drive-through, self-service car wash is compatible with commercial uses and other uses within the area. 3. The size and shape of the Property is adequate to allow the full operation of the existing and proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because the property is currently improved with a service station and small mini-market. 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. - 3 - PC2014-*** WHEREAS, the Planning Commission does further find and determine that the request for a variance for less parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (14 spaces required; 8 spaces proposed) 1. That the variance, under the conditions imposed, will not cause fewer off- street parking spaces to be provided for the Proposed Project than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. The applicant’s submitted letter of justification indicated that eight parking spaces is susfficient for the on-site uses. The letter of justification states that the proposed number of parking spaces in conjunction with the Proposed Project is sufficient based upon the operational characteristics of the uses associated with the Proposed Project based upon the conclusions for parking demand submitted by the applicant and as verified by staff’s observation of other similar facilities; and 2. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Proposed Project because the on-site parking will adequately accommodate the parking demands of the Proposed Project; and 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate the parking demands of the Proposed Project; and 4. That the variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the Proposed Porject because the project site provides adequate ingress and egress points to the Property that are designed to allow for adequate on-site circulation; and 5. That the variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Proposed Project because the project site has existing ingress and egress points that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Proposed Project. WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Public Convenience or Necessity No. 2013- 00101, does find and determine the following facts: - 4 - PC2014-*** 1. California State law requires a determination of "public convenience or necessity" when property is located in a reporting district that has a crime rate above the average and has an over-concentration of licenses; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 2. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to public convenience or necessity determinations; and when the sale of alcoholic beverages for off-premises consumption is permitted by the Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 3. The Property is located within Census Tract No. 871 with a population of 4,635 that allows for two off-sale ABC licenses and there is presently one license in the tract; and, five on-sale licenses and there is presently three such licensees in the tract. The Anaheim Police Department evaluates these requests based on the crime rates within the police reporting district by utilizing a one quarter mile radius for the subject Property. The subject Property has a 268 percent above average crime rate within a one quarter mile radius and is located within Reporting District 1722, which has crime rate of 33 percent above the average. There have been ten calls for service to this location in the last year. 4. A Determination of Public Convenience or Necessity can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations and further that the granting of the Determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of alcoholic beverages is ancillary to the products sold at the convenience store and would serve as an added convenience to those who choose to shop at this establishment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013-05708 and Variance No. 2014-04962 and determines that the public convenience or necessity will be served by the issuance of a license for the sale of beer and wine at the Property for off-premises consumption, all of which entitlements are hereby approved contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 5 - PC2014-*** BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2013-05708, Variance No. 2014-04962 and Public Convenience or Necessity No. 2013-00101 are approved without limitations on the duration of the use. Amendments, modifications and revocations of these permits may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 7, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (“Zoning Provisions - General”) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 6 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 7, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of April, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 7 - PC2014-*** - 8 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05708, PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00101 AND VARIANCE NO. 2014-04962 (DEV2013-00118) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 Prior to issuance of a Building Permit, the location of the trash enclosure shall be approved by the Public Works streets and Sanitation Division. Should the trash enclosure remain in the current proposed location an alternative truck will need to be utilized for trash pick-up at the expense of the business owner. Public Works, Streets and Sanitation 2 Prior to issuance of a Building Final, vines shall be planted on the south facing building elevation wall of the car wash tunnel in order to deter graffiti opportunity. An approved artificial vine substitute may be considered as an alternative to vines. Planning Department 3 Prior to issuance of a Building Pemit the site plan shall show signs and striping necessary to convert the existing southerly driveway to exit only. “Do Not Enter” and “Wrong Way” signs, consistent with the California MUTCD sign R5-1 and R5-1a, shall be installed adjacent to the driveway. The words “Do Not Enter” shall also be painted on the drive aisle immediately adjacent to the driveway facing Euclid Street. Improvements shall be completed prior to final building and zoning inspections. Public Works, Traffic and Transportation Division 4 Prior to issuance of a Building Pemit the site plan shall show one-way signage and striping added to drive aisles less than 20 feet in width ensure that drivers are aware of the appropriate direction to drive on these aisles. Improvements shall be completed prior to final building and zoning inspections. Public Works, Traffic and Transportation Division 5 Prior to issuance of a Building Final for the convenience market, the petitioner shall post and maintain a professional quality sign facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST Police Department - 9 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. 6 Prior to issuance of a Building Final for the convenience market, the parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. Police Department 7 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement 8 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 9 No display of alcoholic beverages shall be located outside of a building or within five feet of any public entrance to the building. Police Department 10 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 11 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 12 Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 13 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 14 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 15 The petitioner shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department - 10 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 16 There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. Police Department 17 Loitering is prohibited on or around these premises or this area under the control of the licensee(s). Police Department 18 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnities”) from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. Planning Department 19 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department 20 The premises shall be developed substantially in accordance with the plans and specifications submitted to and reviewed and approved by the City of Anaheim, which plan is on file with the Planning Department. Planning Department ATTACHMENT NO. 3 ATTACHMENT NO. 4 Project Name: Broadway Retail Inc. Property Owner: Bharat Bhattarai Project Address: 1680 W. Broadway Anaheim, Ca. 92802 Tel: (310)-357-7290 Fax: (310)-541-8711 E-mail: bobby_bhattarai@yahoo.com Re: Conditional Use Permit # 3013-05708, Variance # 2014-04962 and Public Convenience or Necessity # 2013-00101 (DEV2013-00118) The project is located at 1680 West Broadway, at the southeast corner of Broadway and Euclid street. With lot area of 21230 Sq. Ft. (0.48 acre). Project description: Change of use from (E) 3-bay garage and minimart to Minimart only under existing roof (no change of footprint 1648 Sq. Ft.) and proposed new detached drive thru-carwash (640 Sq. Ft.). Plus an additional request to obtain CUP for beer and wine for the minimart. Hours of operation and Number of Employees: The hours of operation of the service station and convenience market are 24 hours a day, in other hand new 640 Sq. ft. drive thru carwash self service will be open 7 am to 7 pm . Employees shift will be 3 times a day with rotation of 7 employees. Parking Variance: The variance is required for fewer parking spaces than required by code. The expansion of convenience market and the addition of a car wash create parking demand of 14 spaces. We are providing eight spaces and we believe these spaces are sufficient to support this location. We know from experience that most patrons will use the minimart while pumping the gas under the canopy, which therefore decreases demand for additional parking spaces. Further, carwash patrons remain in their car and depart after the wash cycle is completed. The variance request for fewer parking spaces will not create parking shortage on the site. Most self-service car wash facilities, such as what we are proposing, do not require 14 parking spaces when it is known that the customer will leave the site once the car wash is done. Beer and wine: My request for CUP beer and wine is type 21 off sale general (package store). Authorizes the sale beer and wine for consumption off the premises where sold, in addition the sale area for beer and wine would be less than 5 % of the products sold at the location and that it is not intended to be primary sales item in store, also can be sold in 6 packs minimum. In addition hours for sale beer and wine will be 6 am to 12 midnight. ATTACHMENT NO. 5 64#5*'0%.411/1NOPARKING2#;56#0&BROADWAYCLEUCLID STREET CL 2345%*#0)'1(75'(41/Á$#;)#4#)' /+0+/#4661/+0+/#4610.;70&'4':+56+0)411( 01%*#0)'1(6*'(11624+06241215'&0'9%#49#5*&4+8'Á6*47 :+01760'9%#49#5*6700'.53(6':+56+0)Á$#;)#4#)'/+0+/#46 7E. TOTAL PARKING SPACES PROVIDED 8B. MINIMART: MA. CARWASH: BIV. OCCUPANCY:III. PARKING:B. COMPACT SPACES: 0C. HANDICAP SPACES : 1A. STANDARD SPACES: 7REQUIRED PARKING:CARWASH AS REQUIRED PER SPECIFIC PLAN:MINIMART (5.5 pkg per 1000)A. CARWASH: 640.00 SQ.FT.II. BUILDING AREA: TOTAL: 2288.00 SQ.FT.10GAS STATION,MINIMART & 3-BAY GARAGEB. ZONING: C-GPROPOSED USE:PROJECT INFORMATION:EXISTING USE:A. LOT AREA:GROSS:I. SITE:21230.00 SQ.FT.CHANGE OF USE FROM 3-BAY GARAGEAND MINIMART TO MIMIMART ONLY UNDER A. MINIMART: 1648.00 SQ.FT.3=PSD. TOTAL PARKING SPACES REQUIRED 10EXISTING ROOF (NO CHANGE OF FOOTPRINTAND PROPOSED NEW DETACHED CARWASH DRIVE-THRU ( 40'X16' )':+56+0)/2&5 %#012;#$18'614'/#+0':+56+0)/2&5 %#012;#$18'614'/#+0':+56+0)70&'4)4170&6#0-5614'/#+0 '5614#)'2412.+0'Á 2412.+0'Á 5+&'9#.- '5+&'9#.- '5+&'9#.-2412.+0'Á '.#0&5%#2+0)':+56+0)&4+8'9#; ' 4 # / 2 '.#0&5%#2+0) '.#0&5%#2+0) '.#0&5%#2+0) 0.#0&5%#2+0) 0.#0&5%#2+0)':+56+0)&4+8'9#; '678 ' % . ' # 0 # + 4 5 ' 2 # 4 # 6 + 1 02412.+0'Á24 1 2 . + 0 ' Á 4 Á '2#4-+0) Á 0WNER NAME : BHARAT BHATTARAIBROADWAY RETAIL INC.DBA: BROADWAY CENTER MOBIL53(653(653(653(653(653(6 Á 5+6'2.#05%#.'Á64#5*'0%.411/ 061%108'46'&615614#)'411/0'964#5*'0%.1574' '$+..$1#4&':+56+0).+)*6#0&64#((+%.+)*62156':+56+0)'.'%64+%#.2156':+56+0)'.'%64+%#.2156241215'&241215'& '/107/'065+)061$'4'/18'&#0&0'9/107/'065+)061$'+056#..'&2'4%1&'4'37+4'/'0670&'45'2#6'2'4/+6NOTE: EIGHT PARKING SPACE ARE SUFFICIENT TO SUPPORT STATION/MINI-MART/CAR WASH AS MOST PATRONS WILL USE THE MINI-MART WHILE PARKED AT THE GAS PUMPSWHICH THEREFORE DECREASES THE DEMAND FOR ADDITIONALPARKING SPACESCONSULTANTS IN THE BUILDING INDUSTRY 2008 WESTWOOD BOULEVARD, LOS ANGELES, CA. 90025 FAX: (310) 475-3311 EUROCON PHONE: (310) 475-3330 GROUP INCORPORATED SITE PLAN REVISIONSBYDateA.Z.DrawnScaleJobSheetSheetsOf1680 W. BROADWAY OWNER:BHARAT BHATTARAI (BROADWAY RETAIL INC.). ANAHEIM, CA. 92802 CHANGE OF USE FROM 3-BAY GARAGE & MINIMART TO MINIMART ONLY A01UNDER EXISTING ROOF (NO CHANGE OF FOOTPRINT) AND PROPOSED NEW DETACHED CARWASH DRIVE-THRU ATTACHMENT NO. 6 9#.-Á+0%11.'45*'.8+0)Á76+.+6;4/':+56+0)5614#)'4'561((+%'.1%-'45%1/25+0- *#0&9#5*+%'/#-'4(5)-9'.'%9#6'4*'#6'4 /125+0-$'.199%*'/+%#.5*'.( /12 $411/4#%-#$18'%#5*+'4)10&1.#%1((''/#%*+0':%1((''+5.#0&5614#)'%#$+0'6$'.19%1706'4/#:*6%1706'450+)*6&4#9'4ÁÁÁÁÁÁÁ Á ÁÁÁÁÁÁÁ 0 0 0 0 0 0 0 0 0 0 0 0 0 0':+56+0)Á$#;)#4#)'':+56+0)/+0+/#46':+56+0)5614#)'':+56+0)4'56':+56+0)5614#)'241215'&(.1142.#0 /+0+/#465%#.'Á':+56+0)(.1142.#0 /+0+/#46 Á$#;)#4#)'5%#.'Á(&':+56+0)9#..61$'&'/1.+5*'&41..Á7261$'4'/18'&41..Á7261$'4'/18'&41..Á7261$'4'/18'&9+0&1961$'4'/18'&&11461$'4'/18'&&11461$'4'/18'&&11461$'4'/18'&0'99#..(5(&(5(5)10&1.#4'#%*+0(4''<'412'0(#%'&'.+4#%-4#%-ÁÁÁÁ Á Á51&#$#)+0$1:ÁÁÁÁ Á Á)10&1.# )10&1.#:#6/*16(11&%#5'$'8'4#)'(1706#+00#%*1%1706'46129+0&1961$'%.15'&CONSULTANTS IN THE BUILDING INDUSTRY 2008 WESTWOOD BOULEVARD, LOS ANGELES, CA. 90025 FAX: (310) 475-3311 EUROCON PHONE: (310) 475-3330 GROUP INCORPORATED FLOOR PLAN REVISIONSBYDateA.Z.DrawnScaleJobSheetSheetsOf1680 W. BROADWAY OWNER:BHARAT BHATTARAI (BROADWAY RETAIL INC.). ANAHEIM, CA. 92802 CHANGE OF USE FROM 3-BAY GARAGE & MINIMART TO MINIMART ONLY A03UNDER EXISTING ROOF (NO CHANGE OF FOOTPRINT) AND PROPOSED NEW DETACHED CARWASH DRIVE-THRU 0 0':+56+0))#7)'5*''6/'6#.2#0'.%':+56+0)9+0&1961$'4'/18'&#0&(+..'&61/#6%*':+56+0)9#..':+56+0)51.+&&114614'/#+0':+56+0))#7)'5*''6/'6#.2#0'.%':+56+0)411(%.#55 #614'/#+0':+56+0)411(%.#55 #614'/#+0':+56+0))#7)'5*''6/'6#.2#0'.%':+56+0)41..Á72&114614'2.#%'&$;0'99+0&19 '064#0%'&114 6'/2).#550'99+0&19 6'/2).#55':+56+0)9+0&19&11461$'4'/18'&#0&(+..'&61/#6%*':+56+0)9#..0+)*6&4#9'40'951.+&&114614'/#+00'99+0&19 6'/2).#55':+56+0)9+0&19 &11461$'4'/18'&#0&(+..'&61/#6%*':+56+0)9#..':+56+0)9+0&19 61$'4'/18'&#0&(+..'&61/#6%*':+56+0)9#..':+56+0)411(%.#55 #614'/#+0':+56+0))#7)'5*''6/'6#.2#0'.%':+56+0))#7)'5*''6/'6#.2#0'.%':+56+0)411(%.#55 #614'/#+0':+56+0))#7)'5*''6/'6#.2#0'.%':+56+0)9+0&1961$'4'/18'&#0&(+..'&61/#6%*':+56+0)9#..':+56+0))#7)'5*''6/'6#.2#0'.%':+56+0))#7)'5*''6/'6#.2#0'.% 9#.-Á+0%11.'45*'.8+0)Á76+.+6;4/':+56+0)5614#)'4'561((+%'.1%-'45%1/25+0- *#0&9#5*+%'/#-'4(5)-9'.'%9#6'4*'#6'4 /125+0-$'.199%*'/+%#.5*'.( /12 $411/4#%-#$18'%#5*+'4)10&1.#%1((''/#%*+0':%1((''+5.#0&5614#)'%#$+0'6$'.19%1706'4/#:*6%1706'450+)*6&4#9'4ÁÁÁÁÁÁÁÁÁÁÁ 0 0 0 0 0 0 0 0 0 0 0 0 0 0':+56+0)Á$#;)#4#)'':+56+0)/+0+/#46':+56+0)5614#)'':+56+0)4'56':+56+0)5614#)'241215'&(.1142.#0 /+0+/#465%#.'Á':+56+0)(.1142.#0 /+0+/#46 Á$#;)#4#)'5%#.'Á(&':+56+0)9#..61$'&'/1.+5*'&41..Á7261$'4'/18'&41..Á7261$'4'/18'&41..Á7261$'4'/18'&9+0&1961$'4'/18'&&11461$'4'/18'&&11461$'4'/18'&&11461$'4'/18'&0'99#..(5(&(5(5)10&1.#4'#%*+0(4''<'412'0(#%'&'.+4#%-4#%-ÁÁÁÁÁÁ51&#$#)+0$1:ÁÁÁÁÁÁ)10&1.# )10&1.#:#6/*16(11&%#5'$'8'4#)'(1706#+00#%*1%1706'46129+0&1961$'%.15'&'.'8#6+105%#.'Á'.'8#6+105%#.'Á'.'8#6+105%#.'Á'.'8#6+105%#.'Á0'9&'6#%*'&%#49#5*&4+8'Á6*475%#.'Á+01765*+0).'411( 61/#6%*':+56+0)$.&)6'/2).#5541..Á72&11441..Á72&114%#49#5*6700'.53(6%#49#5*':+6%#49#5*'064#0%')#7)'5*''6/'6#. 61/#6%*':+56+0)$.&)5*+0).'411( 61/#6%*':+56+0)$.&))#7)'5*''6/'6#. 61/#6%*':+56+0)$.&)5*+0).'411( 61/#6%*':+56+0)$.&))#7)'5*''6/'6#. 61/#6%*':+56+0)$.&)5*+0).'411( 61/#6%*':+56+0)$.&))#7)'5*''6/'6#. 61/#6%*':+56+0)$.&)Á2#4#2'65*''6/'6#.9#..615%4''0#..*8#% %11.'4%1/24'55145 CONSULTANTS IN THE BUILDING INDUSTRY 2008 WESTWOOD BOULEVARD, LOS ANGELES, CA. 90025 FAX: (310) 475-3311 EUROCON PHONE: (310) 475-3330 GROUP INCORPORATED REVISIONSBYDateA.Z.DrawnScaleJobSheetSheetsOfA021680 W. BROADWAY OWNER:BHARAT BHATTARAI (BROADWAY RETAIL INC.). ANAHEIM, CA. 92802 CHANGE OF USE FROM 3-BAY GARAGE & MINIMART TO MINIMART ONLY UNDER EXISTING ROOF (NO CHANGE OF FOOTPRINT) AND PROPOSED NEW DETACHED CARWASH DRIVE-THRU FLOOR PLANS/ELEVATIONS ATTACHMENT NO. 7 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.